Applicant S208 of 2003 v Minister for Immigration and Multicultural Affairs

[2006] FCA 864

FEDERAL COURT OF AUSTRALIA

Applicant S208 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 864

APPLICANT S208 OF 2005 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 771 OF 2006

MOORE J
SYDNEY
14 JUNE 2006

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 771 OF 2006

BETWEEN:

APPLICANT S208 OF 2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

14 JUNE 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.   The application for leave to appeal be dismissed.

2.   The applicant pay the first respondent's costs, fixed in the sum of $1300.00.

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 771 OF 2006

BETWEEN:

APPLICANT S208 OF 2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

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

REASONS FOR JUDGMENT

1. On 24 April 2006, an application for leave to appeal was filed in this Court against a judgment of a Federal Magistrate of 12 April 2006. The judgment of the Federal Magistrate concerned an application filed in that Court on 23 January 2006 seeking an order that the respondents show cause why a remedy should not be granted in the exercise of that court's jurisdiction under s 476 of the Migration Act 1958 (Cth) in respect of a decision of the Refugee Review Tribunal given on 15 January 1999. The application to the Federal Magistrates Court was preceded by litigation both in this Court and the High Court.

2. The applicant has not appeared today.  The applicant was notified of the hearing today by letter sent to his address for service.  That letter was dated 2 June 2006 and was sent on or about that date.  I am satisfied that the applicant has been made aware of these proceedings and has not appeared.  The appropriate order is that the application be dismissed and the applicant pay the costs of the first respondent.  I order those costs be fixed in the sum of $1300.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            25 July 2006

Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	14 June 2006
Date of Judgment:	14 June 2006