NAZB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 267

FEDERAL COURT OF AUSTRALIA

NAZB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 267 NAZB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1999 of 2003 MADGWICK J 2 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1999 of 2003

BETWEEN: NAZB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 2 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. By consent leave is granted to the applicant to discontinue the proceedings. 2. The parties are to pay their own 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 N1999 of 2003

BETWEEN: NAZB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 2 MARCH 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT HIS HONOUR: 1 In this case the applicant has sought judicial review of an adverse decision of the Refugee Review Tribunal ('the Tribunal'). During the currency of the proceedings, it appears that she and her husband have been able to arrange entry to France under a laissez passer arrangement, which apparently gives them greater security of residence in France than here. 2 The applicant seeks leave to discontinue the proceedings, which the Minister does not oppose, whether or not ultimately the Court orders that her costs be paid. However, the Minister seeks costs. 3 The matter has some history. This is the second time the applicant has come to the Court complaining of decisions of the Tribunal. The first application was remitted by consent for further hearing and determination by the Tribunal (NAFE v Minister for Immigration & Multicultural & Indigenous Affairs – N1296 of 2002).