S293 of 2003 v Refugee Review Tribunal [2005] FCA 1544

S293 of 2003 v Refugee Review Tribunal [2005] FCA 1544

In light of absence of response from the applicant, evidence of the applicant's departure, and lack of appearance at the hearing, the Court acceded to the Minister's request and dismissed the application.

Parties
Applicant: APPLICANT S293 OF 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
26 October 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Protection Visa, Tribunal Review, Costs
Administrative Law Migration Law Protection Visa Tribunal Review Costs

Case Brief

Summary, issues, holding and outcome

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Parties

APPLICANT S293 OF 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether there is an arguable case for grant of relief claimed by draft order nisi against the Refugee Review Tribunal and Minister's delegate

Ratio Decidendi

In light of absence of response from the applicant, evidence of the applicant's departure, and lack of appearance at the hearing, the Court acceded to the Minister's request and dismissed the application.

Court Disposition

Application dismissed

Orders

  • The application be dismissed pursuant to O 35A r 3(1)(a) of the Federal Court Rules.
  • The applicant pay the second and third respondent's costs.