S1076 of 2003 v Refugee Review Tribunal [2004] FCA 1794

S1076 of 2003 v Refugee Review Tribunal [2004] FCA 1794

Because none of the applicants complied with the orders requiring filing and service of statements of contentions and any affidavits, and the evidence showed that letters to each applicant had been received and that none appeared to intend to proceed, the Court dismissed each application pursuant to O 10 r 7 for want of compliance with the direction.

Jurisdiction
Australia
Judgment Date
03 February 2004
Procedural Posture
Applications for Constitutional Writ Relief in Respect of Refugee Review Tribunal Decisions Confirming Refusal of Protection Visas / On Remittal From the High Court of Australia; Hearing of Minister's Application to Dismiss for Non Compliance With Directions
Outcome
Each application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'constitutional Writ Relief' 'dismissal for Non Compliance With Directions']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'constitutional Writ Relief' 'dismissal for Non Compliance With Directions']

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Procedural Posture

Applications for Constitutional Writ Relief in Respect of Refugee Review Tribunal Decisions Confirming Refusal of Protection Visas / On Remittal From the High Court of Australia; Hearing of Minister's Application to Dismiss for Non Compliance With Directions

Legal Issues

  1. 1 ["Whether each application should be dismissed pursuant to O 10 r 7 for want of compliance with the Court's directions." "Whether the applicants' failure to comply and lack of appearance indicated that they did not intend to proceed with their applications."]

Ratio Decidendi

Because none of the applicants complied with the orders requiring filing and service of statements of contentions and any affidavits, and the evidence showed that letters to each applicant had been received and that none appeared to intend to proceed, the Court dismissed each application pursuant to O 10 r 7 for want of compliance with the direction.

Court Disposition

Each application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs of the proceeding."]