NADF v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCAFC 58

FEDERAL COURT OF AUSTRALIA

NADF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCFCA 58

MIGRATION – appeal from single judge of the Federal Court – no appearance by the appellant.

Federal Court Rules, O 52 r 38(1)(a)

NADF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 950 OF 2002

HILL, GOLDBERG & CONTI JJ
5 MARCH 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N950 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:	NADF APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HILL, GOLDBERG & CONTI JJ
DATE OF ORDER:	5 MARCH 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent Minister's costs of and incidental to the appeal.

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	N950 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

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

JUDGE:	HILL, GOLDBERG & CONTI JJ
DATE:	5 MARCH 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. The Court is satisfied that the appellant was absent when the appeal was put on for hearing.  The Court accordingly, pursuant to Order 52, rule 38(1)(a) of the Federal Court Rules orders that the appeal be dismissed.

2. The Court would order the appellant to pay the respondent's costs.  We should indicate that no grounds of appeal were properly disclosed in the notice of appeal and that on the face of it the appeal would also have been dismissed on the merits.

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

Associate:

Dated:             19 March 2003

Counsel for the Appellant:	No appearance for the Appellant.
Counsel for the Respondent:	G Kennett
Solicitor for the Respondent:	Clayton Utz
Dates of Hearing:	5 March 2003
Date of Judgment:	5 March 2003