Applicant A103/2003 v Minister for Immigration and Multicultural Affairs

[2006] FCA 1757

FEDERAL COURT OF AUSTRALIA

Applicant A103/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1757

APPLICANT A103/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 2087 OF 2006

MOORE J
14 DECEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2087 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT A103/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	14 DECEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application of 25 October 2006 be dismissed.

2.The applicant pay the first respondent's costs fixed in the sum of $700.

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 2087 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT A103/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	14 DECEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a judgment of a Federal Magistrate of 4 October 2006: see Applicant A103/2003 v Minister for Immigration [2006] FMCA 1470. There has been no appearance by the applicant. An earlier request by the applicant to appear by telephone was refused. The applicant was aware that his personal appearance was required. I propose to dismiss the application. It is not apparent to me that the Federal Magistrate erred in concluding that the application was both incompetent and an abuse of process. I dismiss the application for leave to appeal and order that the applicant pay the first respondent’s costs. I fix those costs in the sum of $700.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Moore .

Associate:

Dated:       20 December 2006

The Applicant did not appear.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 December 2006
Date of Judgment:	14 December 2006