Applicant S254 of 2002 v Refugee Review Tribunal [2003] FCA 1197

Applicant S254 of 2002 v Refugee Review Tribunal [2003] FCA 1197

Given the applicant's non-appearance at directions hearings and the steps taken by the Minister's solicitor to notify the applicant at known addresses, it was appropriate to dismiss the application pursuant to O 10 r 3(2) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Application Remitted From the High Court of Australia / Directions Hearing; Application for Summary Dismissal
Outcome
Application dismissed.
Legal Topics
['refugee Review Tribunal' 'remittal From High Court' 'non Appearance' 'summary Dismissal' 'costs']
['migration' 'administrative Law' 'federal Court Procedure'] ['refugee Review Tribunal' 'remittal From High Court' 'non Appearance' 'summary Dismissal' 'costs']

Case Brief

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Procedural Posture

Application Remitted From the High Court of Australia / Directions Hearing; Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether the proceeding should be summarily dismissed pursuant to O 10 r 3(2) of the Federal Court Rules after the applicant failed to appear.']

Ratio Decidendi

Given the applicant's non-appearance at directions hearings and the steps taken by the Minister's solicitor to notify the applicant at known addresses, it was appropriate to dismiss the application pursuant to O 10 r 3(2) of the Federal Court Rules.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.' "The applicant pay the second respondent's costs." 'The second respondent notify the applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules.']