Noisadee v Minister for Immigration and Multicultural Affairs [2001] FCA 751

Noisadee v Minister for Immigration and Multicultural Affairs [2001] FCA 751

The application for review was dismissed because the applicant knew the matter was listed for hearing but elected not to appear and, on her own statement, was not seeking a protection visa. The Court ordered costs against her but granted liberty to apply in relation to the costs order because her allegation that the proceeding was commenced without her instructions was unsupported by evidence at that stage.

Jurisdiction
Australia
Judgment Date
08 June 2001
Procedural Posture
Application for Review of a Decision of the Refugee Review Tribunal / Hearing and Orders Dismissing the Application
Outcome
Application dismissed; applicant ordered to pay respondent's costs with leave to apply in relation to the costs order.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'non Appearance at Hearing' 'costs Order' 'alleged Unauthorised Visa Application']
['migration Law' 'administrative Law' 'costs'] ['protection Visa' 'refugee Review Tribunal Review' 'non Appearance at Hearing' 'costs Order' 'alleged Unauthorised Visa Application']

Case Brief

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Procedural Posture

Application for Review of a Decision of the Refugee Review Tribunal / Hearing and Orders Dismissing the Application

Legal Issues

  1. 1 ['Whether the application for review of the Refugee Review Tribunal decision should be dismissed when the applicant did not appear and stated she was not seeking a protection visa.' "Whether the applicant should be ordered to pay the respondent's costs despite alleging that the protection visa application and Court proceeding were commenced without her knowledge or instructions."]

Ratio Decidendi

The application for review was dismissed because the applicant knew the matter was listed for hearing but elected not to appear and, on her own statement, was not seeking a protection visa. The Court ordered costs against her but granted liberty to apply in relation to the costs order because her allegation that the proceeding was commenced without her instructions was unsupported by evidence at that stage.

Court Disposition

Application dismissed; applicant ordered to pay respondent's costs with leave to apply in relation to the costs order.

Orders

  • ['The application for the order of review be dismissed.' "The applicant pay the respondent's costs." 'Grant leave to the applicant to apply in relation to the costs order if she wishes to do so, but in that event evidence in support of her letter of 5 June 2001 must be put before the Court.']