FEDERAL COURT OF AUSTRALIA Applicant S13 of 2003 v Refugee Review Tribunal [2003] FCA 1203 APPLICANT S13 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N363 OF 2003 EMMETT J 21 MAY 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N363 OF 2003 BETWEEN: APPLICANT S13 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 21 MAY 2003 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. the application be dismissed; 2. there be no order as to 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 N363 OF 2003 BETWEEN: APPLICANT S13 OF 2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE: 21 MAY 2003 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This matter was remitted to the Court by the High Court by order of Gaudron J on 6 February 2003. When the matter was called on for directions today, there was no appearance for the applicant. The second respondent, the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister') applies for summary dismissal of the proceeding pursuant to O 10 r 3 of the Federal Court Rules. I have evidence before me that the applicant expressed a desire, on 6 March 2003, to be removed to Indonesia. He also indicated that he wished to withdraw the proceeding. A communication, purporting to be from the applicant to an officer of the Minister's department, requests that the Minister 'cancel all my case in DIMIA, High Court & Federal Court'. There is evidence before me to indicate that the applicant left Australia on 11 March 2003. 2 In the circumstances, it is appropriate that the application be dismissed. The Minister does not ask for an order for costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate: Dated: 29 October 2003 Counsel for the Applicant: No appearance Solicitor for the Respondents: Australian Government Solicitor Date of Hearing: 21 May 2003 Date of Judgment: 21 May 2003