Konteh v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1257

FEDERAL COURT OF AUSTRALIA

Konteh v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1257 ISHMAEL SHERRIFF KONTEH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 559 OF 2005 MADGWICK J 6 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 559 OF 2005

BETWEEN: ISHMAEL SHERRIFF KONTEH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 6 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceedings be dismissed pursuant to Order 35A rules 2(1)(b) and 3(1)(a). 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 NSD 559 OF 2005

BETWEEN: ISHMAEL SHERRIFF KONTEH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 6 SEPTEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

Madgwick J: 1 It seems highly probable that these proceedings have become moot as the applicant has now been granted a bridging visa and released from immigration detention. Those latter events occurred after judgment had been reserved in the matter. 2 The applicant has today failed to attend a directions hearing, despite notification to him of it, and the respondent applies for an order that the proceeding be dismissed. 3 Bearing in mind that any order I make can be set aside if my understanding of the matter proves to be incorrect, I will make the order sought. 4 In the circumstances the respondent does not seek an order for costs and accordingly no order for costs will be made. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.