N1208/00A v Minister for Immigration and Multicultural Affairs

[2001] FCA 1602

FEDERAL COURT OF AUSTRALIA

N1208/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 1602

N1208/00A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N1208 OF 2000

TAMBERLIN J
SYDNEY
26 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1208 OF 2000

BETWEEN:	N1208/00A APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	26 OCTOBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The proceedings be dismissed.

2.        The applicant pay the costs of the respondent of the application for review.

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	N 1208 OF 2000

BETWEEN:	N1208/00A APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	26 OCTOBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter, the applicant did not appear when the matter was called at the appointed time.  A message was received by the Court, purporting to come from the applicant, saying that his car had broken down.  The time was subsequently fixed for further hearing of the matter at 2.15 pm.  It is now 2.20 pm or a little later, the matter has again been called outside the Court, and there has been no appearance on behalf of the applicant.

2. I am satisfied that the applicant has been given a proper opportunity to appear and has been on notice of the hearing this afternoon.  I propose in the circumstances to make an order under O 32 r 2 of the Federal Court Rules, dismissing the proceeding in the absence of a party.  I draw attention, however, to the provisions of O 35 r 7, which enable a party against whom a decision has been made in absentia to make an application to the Court to have the judgment or orders set aside.  This can only be done, of course, where there are proper grounds for making such an application.

3. I have considered the decision below and I have considered the grounds which have been put forward to support the application for review.  On the material which is presently before me, the case does not appear to be a strong case in any sense and I have not found any error to have been disclosed.  I therefore dismiss the proceeding and I order that the applicant pay the costs of the respondent of the application for review.

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

Associate:

Dated:             12 November 2001

Counsel for the Respondent:	Mr Mark Leeming
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	26 October 2001
Date of Judgment:	26 October 2001