Applicants S101 of 2002 v Refugee Review Tribunal [2003] FCA 1205

Applicants S101 of 2002 v Refugee Review Tribunal [2003] FCA 1205

The applicants had been notified at their known addresses of the directions hearing and the need for their attendance, but there was no appearance for them; in those circumstances it was appropriate to dismiss the proceedings under O 10 r 3(2) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Applications Remitted From the High Court of Australia Concerning the Refugee Review Tribunal / Directions Hearing; Applications Dismissed Pursuant to O 10 R 3(2) of the Federal Court Rules
Outcome
Applications dismissed.
Legal Topics
['refugee Review Tribunal' 'summary Dismissal' 'non Appearance' 'costs']
['immigration' 'administrative Law' 'federal Court Procedure'] ['refugee Review Tribunal' 'summary Dismissal' 'non Appearance' 'costs']

Case Brief

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Procedural Posture

Applications Remitted From the High Court of Australia Concerning the Refugee Review Tribunal / Directions Hearing; Applications Dismissed Pursuant to O 10 R 3(2) of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the applications should be summarily dismissed under O 10 r 3(2) of the Federal Court Rules in circumstances where the applicants did not appear after notice of the directions hearing.']

Ratio Decidendi

The applicants had been notified at their known addresses of the directions hearing and the need for their attendance, but there was no appearance for them; in those circumstances it was appropriate to dismiss the proceedings under O 10 r 3(2) of the Federal Court Rules.

Court Disposition

Applications dismissed.

Orders

  • ['In N239 of 2003, the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.' "In N239 of 2003, the applicants pay the second respondent's costs." 'In N239 of 2003, the second respondent notify the applicant at their last known address of these orders and the terms of ) 35 r 7(2)(a) of the...