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MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of delegate of the Minister to refuse a protection visa to the applicant - where applicant left the country prior to the hearing.

NAYT v Minister for Immigration [2004] FMCA 979 (22 November 2004)

NAYT v Minister for Immigration [2004] FMCA 979 (22 November 2004)
Last Updated: 22 December 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NAYT v MINISTER FOR IMMIGRATION
[2004] FMCA 979




MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of delegate of the Minister to refuse a protection visa to the applicant - where applicant left the country prior to the hearing.




Judiciary Act 1903 (Cth), s.39B

Federal Magistrates Court Rules 2001, R 13.03A

Applicant:
NAYT




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SYG618 of 2004




Delivered on:


22 November 2004




Delivered at:


Sydney




Hearing date:


22 November 2004




Judgment of:


Scarlett FM




REPRESENTATION

Solicitors for the Applicant:


In Person




Solicitors for the Respondent:


Australian Government Solicitor




ORDERS

(1) That the application is dismissed in all respect except as to costs.

(2) That the respondent is granted leave to apply for an order for costs within one month of the date of this order.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SYG618 of 2004

NAYT



Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS





Respondent


REASONS FOR JUDGMENT

1. I have before me an affidavit by Andres Markus, Solicitor, in which he deposes to the fact that to the best of his knowledge and belief the applicant has in fact left the country, and that he departed Australia on 9 November 2004. This appears to be correct as the applicant has not attended Court today.

2. It appears unlikely that the applicant is going to take this matter any further.

3. Accordingly, pursuant to r 13.03A of the Federal Magistrates Court Rules 2001 I propose to dismiss the application.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate: A. L Coutman

Date: 14 December 2004
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