Applicant S220 of 2002 v Refugee Review Tribunal [2003] FCA 1199

FEDERAL COURT OF AUSTRALIA

Applicant S220 of 2002 v Refugee Review Tribunal [2003] FCA 1199 APPLICANT S220 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR N256 OF 2003 EMMETT J 6 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N256 OF 2003

BETWEEN: APPLICANT S220 OF 2002

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 6 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules 2. the applicant pay the second respondent's costs 3. the second respondent notify the applicant at his last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules. 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 N256 OF 2003

BETWEEN: APPLICANT S220 OF 2002

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: EMMETT J

DATE: 6 JUNE 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 This matter was commenced in the High Court and remitted to this Court by order of Gaudron J on 6 February 2003. At that stage, the applicant was represented by Adrian Joel & Co, solicitors. On 24 April 2003, Adrian Joel & Co filed a notice of withdrawal of solicitor and an affidavit in support. That affidavit disclosed the latest address of the applicant known to the solicitor, being 9/60 Maroubra Road, Maroubra. On 28 April 2003, the solicitor for the second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister), was informed by an officer of the Minister's department that the most recent address held by the Department for the applicant was 5/252 Gardiners Road, Eastlakes.