Applicant S91/2002 v Refugee Review Tribunal [2003] FCA 1605

Applicant S91/2002 v Refugee Review Tribunal [2003] FCA 1605

Because the applicant did not appear when the matter was called on for directions, the applicant's solicitors had withdrawn, and the applicant had departed Australia, it was appropriate to accede to the second respondent's request for summary dismissal pursuant to O 10 r 3(2) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Application Seeking Prerogative Writ Relief in Respect of a Decision of the Refugee Review Tribunal / Directions Hearing; Application for Summary Dismissal After Remittal From the High Court of Australia
Outcome
Application dismissed pursuant to O 10 r 3(2) of the Federal Court Rules, with the applicant to pay the second respondent's costs.
Legal Topics
['refugee Review Tribunal Decision' 'prerogative Writ Relief' 'summary Dismissal' 'non Appearance by Applicant']
['administrative Law' 'migration Law' 'federal Court Procedure'] ['refugee Review Tribunal Decision' 'prerogative Writ Relief' 'summary Dismissal' 'non Appearance by Applicant']

Case Brief

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Procedural Posture

Application Seeking Prerogative Writ Relief in Respect of a Decision of the Refugee Review Tribunal / Directions Hearing; Application for Summary Dismissal After Remittal From the High Court of Australia

Legal Issues

  1. 1 ['Whether the application should be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules where there was no appearance for the applicant.']

Ratio Decidendi

Because the applicant did not appear when the matter was called on for directions, the applicant's solicitors had withdrawn, and the applicant had departed Australia, it was appropriate to accede to the second respondent's request for summary dismissal pursuant to O 10 r 3(2) of the Federal Court Rules.

Court Disposition

Application dismissed pursuant to O 10 r 3(2) of the Federal Court Rules, with the applicant to pay the second respondent's costs.

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."]