Applicant S77/2002 v Refugee Review Tribunal [2003] FCA 1604

Applicant S77/2002 v Refugee Review Tribunal [2003] FCA 1604

The applicant had departed Australia, the applicant's solicitors had withdrawn, and there was no appearance by the applicant when the matter was called for hearing; in those circumstances it was appropriate to dismiss the application pursuant to O 10 r 3(2) of the Federal Court Rules and order the applicant to pay the second respondent's costs.

Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Proceeding Seeking Prerogative Writ Relief in Respect of a Decision of the Refugee Review Tribunal / Hearing After Remittal From the High Court of Australia; Application Dismissed for Non Appearance Pursuant to O 10 R 3(2) of the Federal Court Rules
Outcome
Application dismissed.
Legal Topics
['refugee Review Tribunal Decision' 'prerogative Writ Relief' 'remittal From the High Court of Australia' 'dismissal for Non Appearance' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal Decision' 'prerogative Writ Relief' 'remittal From the High Court of Australia' 'dismissal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Proceeding Seeking Prerogative Writ Relief in Respect of a Decision of the Refugee Review Tribunal / Hearing After Remittal From the High Court of Australia; Application Dismissed for Non Appearance Pursuant to O 10 R 3(2) of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules when the applicant did not appear at the hearing.']

Ratio Decidendi

The applicant had departed Australia, the applicant's solicitors had withdrawn, and there was no appearance by the applicant when the matter was called for hearing; in those circumstances it was appropriate to dismiss the application pursuant to O 10 r 3(2) of the Federal Court Rules and order the applicant to pay the second respondent's costs.

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."]