Applicant A83 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCAFC 26

FEDERAL COURT OF AUSTRALIA

Applicant A83 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 26

APPLICANT A83 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SAD 118 of 2004

HELY, GYLES AND ALLSOP JJ
25 FEBRUARY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	SAD 118 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	APPLICANT A 83 of 2003 APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGES:	HELY, GYLES & ALLSOP JJ
DATE OF ORDER:	25 FEBRUARY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.the appeal is dismissed pursuant to section 25(2B)(bb) of the Federal Court Act 1976 (Cth).

2.the appellant 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	SAD 118 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	APPLICANT A 83 of 2003 APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGES:	HELY, GYLES & ALLSOP JJ
DATE:	25 FEBRUARY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. This matter was listed for hearing at 2.15p.m. this afternoon.  The matter was called on about 2.45p.m. and there was no appearance by the appellant.   Letters have been written to the appellant at his latest address both by the Court and by the solicitor for the respondent notifying him that the appeal was to be heard this afternoon at 2.15p.m. 

2. There has been no explanation for his non‑attendance and in those circumstances the appeal is dismissed pursuant to section 25(2B)(bb) of the Federal Court Act 1976 (Cth) with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Hely, Gyles & Allsop.

Associate:

Dated:             2 March 2005

There was no appearance by the Appellant.
Counsel for the Respondent:	Mr S Lloyd
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	25 February 2005
Date of Judgment:	25 February 2005