Plotitsyn v Minister for Immigration & Multicultural Affairs [2001] FCA 1317

FEDERAL COURT OF AUSTRALIA

Plotitsyn v Minister for Immigration & Multicultural Affairs [2001] FCA 1317 Federal Court Rules O 32 r 2(1)(c) GENNADY PLOTITSYN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1037 OF 2001 STONE J 13 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1037 OF 2001

BETWEEN: GENNADY PLOTITSYN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 13 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: the application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1037 OF 2001

BETWEEN: GENNADY PLOTITSYN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 13 SEPTEMBER 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of the Russian Federation who arrived in Australia on 2 October 1999. He and his wife applied for a protection (class XA) visas on 9 November 1999. Their application was refused by a delegate ("Delegate") of the respondent on 16 December 1999 and the Refugee Review Tribunal ("Tribunal") handed down a decision affirming the Delegate's decision on 13 June 2001. On 6 July 2001, the applicant commenced proceedings in this Court seeking review of the Tribunal's decision under Part 8 of the Migration Act 1958 (Cth) ("the Act"). 2 The hearing of the application was set down for 16 August 2001. On that date, the applicant sought an adjournment to enable him to finalise the preparation of his case. That request was granted. The hearing was adjourned until today and various other pre-trial orders were made. 3 At the hearing today the applicant did not appear. The respondent has led evidence that establishes to my satisfaction that the applicant left Australia on 25 August 2001. Attached to the affidavit of Ms Susan Goodman affirmed on 12 September 2001 is a handwritten note addressed to the Department of Immigration and Multicultural Affairs, signed by the applicant and dated 25 August 2001. It states: "I, Gennady Plotitsyn withdraw my application for protection visa and leaving Australia permanently, and going back to Europe…" 4 In the circumstances it is appropriate to accede to the respondent's request that I dismiss the application in accordance with O 32 r 2(1)(c) of the Federal Court Rules. The application is therefore dismissed with costs.