Applicant S384/2004 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 531

FEDERAL COURT OF AUSTRALIA

Applicant S384/2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 531

MIGRATION – Application for orders nisi – application dismissed.

APPLICANT S384/2004 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD 1826 OF 2004

HILL J
21 APRIL 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1826 OF 2004

BETWEEN:	APPLICANT S384/2004 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HILL
DATE OF ORDER:	21 APRIL 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.
2. The applicant pay the respondent’s costs of the application.

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 1826 OF 2004

BETWEEN:	APPLICANT S384/2004 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HILL
DATE:	21 APRIL 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(Ex tempore – revised)

HILL J:

1. Before the Court is an application for orders nisi, including an application for the enlargement of time to bring the application.  In circumstances where the applicant has failed to appear at the time set for hearing, I would order, pursuant to order 32 rule 2 of the Federal Court Rules, that the application be dismissed and that the applicant pay the respondent’s costs of the application.

I certify that the preceding numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.

Associate:

Dated:             21 April 2005

No appearance by the applicant
For the respondent:	J Caben
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	21 April 2005
Date of Judgment:	21 April 2005