A159 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1087

FEDERAL COURT OF AUSTRALIA

A159 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 1087

A159 of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 138 of 2003 SELWAY J 10 OCTOBER 2003 DARWIN (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 138 of 2003

BETWEEN: A159 of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MARGARET HOLMES, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 10 OCTOBER 2003

WHERE MADE: DARWIN (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. Leave to discontinue the proceedings. 2. Direct that the proceedings be discontinued forthwith, a notice of discontinuance having already been filed and served. 3. Order:

(a) that the applicant pay the first respondent's costs (including disbursements and including the costs of proceedings in the High Court of Australia) of the application up to and including the directions hearing on 20 June 2003. (b) That Mr Mark Clisby, legal practitioner, pay 70 per cent and Mr Tuferu Habib, legal practitioner and migration agent, pay 30 per cent of the first respondent's costs relating to events occurring subsequent to the completion of the directions hearing on 20 June 2003 and up to and including the directions hearing on 21 August 2003 (including any costs directly related to appearances at that hearing). (c) That Mr Tuferu Habib, legal practitioner and migration agent, pay the costs of the first respondent of and in relation to the hearing on 30 September 2003, including any costs incurred by the first respondent in relation to the delivery of these reasons. 4. No order for costs of the second or third respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.