NADM v Minister for Immigration and Multicultural Affairs

[2002] FCA 642

FEDERAL COURT OF AUSTRALIA

NADM v Minister for Immigration & Multicultural Affairs
FCA [2002] 642

NADM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N156 of 2002

WILCOX J
14 MAY 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N156 of 2002

BETWEEN:	NADM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	14 MAY 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.          The application be dismissed.

2.          The applicant pay the costs of the respondent.

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	N156 of 2002

BETWEEN:	NADM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	WILCOX J
DATE:	14 MAY 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This matter was before the Court for directions on 12 April last.  On that occasion the applicant attended with an interpreter.  The matter was fixed for hearing at 2.15 today.  I explained to the applicant that the matter would definitely proceed at that time and that he must be here.  He has not attended.  An interpreter is here but not the applicant.  Nothing has been heard from the applicant either by the solicitors for the respondent or by the Court.  I can only assume he has lost interest in the matter. 

2. Mr Justin Smith, counsel for the respondent, asks that in the circumstances I make an order dismissing the application for review with costs.  I think this is the appropriate course for me to take.  Accordingly, I so order.

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

Associate:

Dated:            25 May 2002

Counsel for the Respondent:	Mr J Smith
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 May 2002