FEDERAL COURT OF AUSTRALIA Applicant S1599/2003 v Refugee Review Tribunal [2003] FCA 1607 APPLICANT S1599/2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1414 OF 2003 EMMETT J 27 OCTOBER 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N1414 OF 2003 BETWEEN: APPLICANT S1599/2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE OF ORDER: 27 OCTOBER 2003 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the second respondent's 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 N1414 OF 2003 BETWEEN: APPLICANT S1599/2003 APPLICANT AND: REFUGEE REVIEW TRIBUNAL FIRST RESPONDENT MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS SECOND RESPONDENT JUDGE: EMMETT J DATE: 27 OCTOBER 2003 PLACE: SYDNEY REASONS FOR JUDGMENT 1 On 29 May 2003, a draft order nisi and affidavit were filed in the High Court of Australia, purportedly on behalf of the applicant. At that stage, the applicant was represented by Adrian Joel & Co, solicitors. However, the applicant voluntarily departed Australia on 10 April 2003. When the matter was called today, Mr Zipser of counsel, instructed by Adrian Joel & Co, appeared indicating that Adrian Joel & Co proposed to write to the applicant at his last known address seeking either instructions or indicating an intention to withdraw. 2 In the circumstances, there does not seem to be any point in that step being taken. It is appropriate that the matter no longer remain on the record. Accordingly, I propose to order that the application be dismissed and that the applicant pay the second respondent's 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: 22 January 2004 Counsel for the Applicant: B M Zipser Solicitor for the Applicant: Adrien Joel & Co Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 27 October 2003 Date of Judgment: 27 October 2003