S1123 of 2003 v Refugee Review Tribunal [2004] FCA 867

S1123 of 2003 v Refugee Review Tribunal [2004] FCA 867

The Court refused the application because (1) the notice of discontinuance was filed by consent, removing the basis for further proceedings, and (2) prosecuting the application would have no utility because it would likely fail.

Source-derived case information.

Parties
Applicant: S1123 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Judicial Review / Post Remittal Motion After Notice of Discontinuance
Outcome
motion dismissed
Legal Topics
Judicial Review, Refugee Protection, Discontinuance, Leave to Prosecute Application
Administrative Law Immigration Law Judicial Review Refugee Protection Discontinuance Leave to Prosecute Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

S1123 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Post Remittal Motion After Notice of Discontinuance

Legal Issues

  1. 1 Whether the applicant should be granted leave to prosecute the application for an order of review after filing a notice of discontinuance by consent

Ratio Decidendi

The Court refused the application because (1) the notice of discontinuance was filed by consent, removing the basis for further proceedings, and (2) prosecuting the application would have no utility because it would likely fail.

Court Disposition

motion dismissed

Orders

  • The motion be dismissed.
  • The applicant on the motion to pay the respondent's costs of the motion.