Applicant S381 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1552

FEDERAL COURT OF AUSTRALIA

Applicant S381 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1552

APPLICANT S381 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 1274 OF 2004

WHITLAM J
22 OCTOBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1274 OF 2004

BETWEEN:	APPLICANT S381 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	22 OCTOBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application is refused.

2.The applicant pay the respondent’s costs fixed in the sum of $1100.00.

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 1274 OF 2004

BETWEEN:	APPLICANT S381 OF 2003 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WHITLAM J
DATE:	22 OCTOBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a judgment of Emmett J dismissing an application for an order nisi for constitutional writ relief in respect of a so-called ‘decision’ of a delegate of the respondent on 6 March 1992 and a decision of the Immigration Review Tribunal on 21 February 1997: S381 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1292. The background to the proceeding is set out in the very helpful judgment of Emmett J.

2. The applicant has not attended at the appointed time for the hearing today.  I order that the application be refused and that the applicant pay the respondent’s costs fixed in the amount of $1,100.

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

Associate:

Dated:             29 November 2004

The applicant did not appear
Solicitor for the respondent:	Mrs Elizabeth Knight from the Australian Government Solicitor
Date of hearing:	22 October 2004
Date of judgment:	22 October 2004