NAAQ v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 357

FEDERAL COURT OF AUSTRALIA

NAAQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 357

MIGRATION – Appeal from Federal Magistrate – no appearance by appellant – appeal dismissed

NAAQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 139 of 2003

TAMBERLIN J
SYDNEY
17 APRIL 2003

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 139 OF 2003

BETWEEN:	NAAQ APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	17 APRIL 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal is dismissed.

2.        The appellant pay the respondent’s costs.

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 139 OF 2003

BETWEEN:	NAAQ APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	17 APRIL 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I am satisfied from the evidence which has been given and also from the communication to the Court which has been repeated in Court today, that this is a case where the appellant was aware of the hearing today and did not wish to attend the Court.  I note that the appellant is in detention.  In these circumstances I consider the appropriate order is that the application should be dismissed and the appellant should pay the costs of the respondents. 

2. Accordingly, on the ground of failure to appear on the hearing of the appeal which has been listed, notified and of which the appellant was aware, I dismiss the appeal with costs.

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

Associate:

Dated:             16 May 2003

No appearance by the Appellant.
Counsel for the Respondent:	T Reilly
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	17 April 2003
Date of Judgment:	17 April 2003