Applicant S208 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1722

FEDERAL COURT OF AUSTRALIA

Applicant S208 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1722

APPLICANT S208 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 2299 of 2005

WILCOX J
8 DECEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2299 of 2005

BETWEEN:	APPLICANT S208 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	8 DECEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal against the decision of Bennett J of 4 November 2005 be dismissed with costs fixed at $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 2299 of 2005

BETWEEN:	APPLICANT S208 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WILCOX J
DATE:	8 DECEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. I note that the applicant for leave to appeal does not appear.  No explanation has been provided to the Court or to the solicitor for the respondent. 

2. In the circumstances, I propose to exercise the power conferred upon me by s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

3. I will order that the application for leave to appeal against the decision of Bennett J of 4 November 2005 be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:             13 December 2005

The Applicant did not appear.
Solicitor for the Respondent:	Mr A Markus of Australian Government Solicitor
Date of Hearing:	8 December 2005
Date of Judgment:	8 December 2005