NABQ v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 130

FEDERAL COURT OF AUSTRALIA

NABQ v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 130

MIGRATION – protection visa – application for judicial review of a decision of the Refugee Review Tribunal – no appearance by the applicant.

Federal Court Rules, O 32 r 2(1)(c)

NABQ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 1037 OF 2002

HILL J
6 FEBRUARY 2003

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1037 OF 2003

BETWEEN:	NABQ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HILL J
DATE OF ORDER:	6 FEBRUARY 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent Minister’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 1037 OF 2003

BETWEEN:	NABQ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HILL J
DATE:	6 FEBRUARY 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Before me is an application for judicial review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the respondent Minister for Immigration and Multicultural and Indigenous Affairs refusing the applicant a protection visa.  When the matter was called for trial, the applicant was absent.  Counsel for the respondent Minister has asked the court to make an order under O 32 r 2(1)(c) of the Federal Court Rules that the proceedings be dismissed.

2. I note that in the proceedings of review before the Tribunal the applicant also did not attend, although he had been notified, as is required, that the Tribunal was unable on the papers to make a decision in his favour.  In the circumstances, I think it is appropriate to make the order requested, and accordingly I would dismiss the application and order the applicant to pay the respondent Minister's costs of it.

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

Associate:

Dated: 3 March 2003

Counsel for the Applicant	No appearance by the applicant.
Counsel for the Respondent:	M Wigney
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	6 February 2003
Date of Judgment:	6 February 2003