Applicant A152 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1051

FEDERAL COURT OF AUSTRALIA

Applicant A152 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1051 APPLICANT A152 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, MEMBER REFUGEE REVIEW TRIBUNAL & PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL S 132 OF 2003 MANSFIELD J 2 OCTOBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 132 OF 2003

BETWEEN: APPLICANT A152 OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 2 OCTOBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The purported notice of discontinuance filed on 26 May 2003 be set aside. 2. The orders made on 20 June 2003: (a) giving leave to discontinue the proceedings; (b) that the application do stand dismissed the said notice of discontinuance having been earlier filed and served; and (c) that the applicant pay the costs of the first respondent; be set aside. 3. The former solicitor for the applicant Mark Wallis Clisby do pay to the applicant costs of the proceedings on and from 21 June 2003 to the date of these orders. 4. The former solicitor for the applicant Mark Wallis Clisby do pay to the first respondent costs of the proceedings on and from 21 June 2003 to the date of these orders and costs of and incidental to the hearing on 20 June 2003. 5. The application be listed for further directions at a time to be fixed. 6. There be liberty to any party to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.