Applicant A236 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1157

FEDERAL COURT OF AUSTRALIA

Applicant A236 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1157

APPLICANT A236 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

S200 OF 2003

EMMETT J
19 SEPTEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	S200 OF 2003

BETWEEN:	APPLICANT A236 0F 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	19 SEPTEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.the application be dismissed pursuant to O 10 r 3(2);

2.the Minister inform the applicant as soon as practicable in writing of the terms of these orders and the terms of O 35 r 7(2)(a);

3.the applicant pay the 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	S200 OF 2003

BETWEEN:	APPLICANT A236 0F 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	EMMETT J
DATE:	19 SEPTEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was transferred to the New South Wales Registry of the Court by Selway J on 18 July 2003.  On 12 August 2003, my associate wrote to the applicant at the applicant’s most recent address notified to the Court, being 4/41 Campbell Street, Parramatta, New South Wales 2150.  In that communication, my associate informed the applicant that the matter would be listed for directions before me today at 9.30 am.  When the matter was called on for hearing, there was no appearance for the applicant.  The Minister therefore asks that the matter be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules, which provides that if no applicant appears before the Court on a directions hearing the Court may dismiss the application or make any other order which it thinks proper. 

2. The applicant has filed submissions in support of his application pursuant to directions given by Selway J.  In those submissions, the applicant says that he relies on the decision of the High Court in Muin v Refugee Review Tribunal (2002) 190 ALR 601. The applicant asserts that the Refugee Review Tribunal failed to afford him procedural fairness in making the decision about which complaint is made. However, in the absence of any appearance for the applicant, I consider that it is appropriate to accede to the Minister’s application. In the circumstances, I also propose to direct the Minister to inform the applicant, as soon as practicable, in writing of the terms of my orders and the terms of O 35 r 7(2)(a).

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:             21 October 2003

Counsel for the Applicant:	No appearance
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	19 September 2003
Date of Judgment:	19 September 2003