Applicant S328 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1734

FEDERAL COURT OF AUSTRALIA

Applicant S328 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1734

APPLICANT S328 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1972 of 2005

WILCOX J
23 NOVEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1972 of 2005

BETWEEN:	APPLICANT S328 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	23 NOVEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal is dismissed with costs fixed at $450.00.

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 1972 of 2005

BETWEEN:	APPLICANT S328 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WILCOX J
DATE:	23 NOVEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. I note that the applicant in this matter does not appear, despite the fact that he has been told his application for leave to appeal would be heard today. 

2. The applicant seeks leave to appeal against the refusal of an order nisi by Jacobson J.  His Honour refused an order nisi because no jurisdictional error had been identified.  The application for leave to appeal and supporting affidavit also fail to identify any jurisdictional error. 

3. As the applicant has failed to appear he has deprived himself of any opportunity of identifying a jurisdictional error today.  I see no basis for granting leave to appeal.

4. The application for leave to appeal is dismissed with costs fixed at $450.00.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:
Dated:             30 November 2005

There was no appearance by the Applicant.
Solicitor for the Respondent:	Ms D Watson of Australian Government Solicitor
Date of Hearing:	23 November 2005
Date of Judgment:	23 November 2005