NAFU v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 1199

FEDERAL COURT OF AUSTRALIA

NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199

NAFU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 309 of 2002

TAMBERLIN J
SYDNEY
20 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 309 OF 2002

BETWEEN:	NAFU APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	20 SEPTEMBER 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application is dismissed.

2.        The applicant 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 309 OF 2002

BETWEEN:	NAFU APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	20 SEPTEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter there has been no appearance by the applicant and the material before the Court indicates that he was aware of the hearing to date.  Accordingly, I have been asked by the respondent to make an order under O 32 r 2(1)(c) of the Federal Court Rules (“FCR”) dismissing the proceeding in light of the default of appearance by the applicant.  I make such an order and I direct that the applicant be notified of the making of the order.  I also direct that reference be made to O 35 r 7 of the FCR and a copy of that rule be sent to the applicant with the letter of notification of the orders which I make today. 

2. Accordingly, I dismiss the application 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:            26 September 2002

No appearance by the Applicant.
Counsel for the Respondent:	M Wigney
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	20 September 2002
Date of Judgment:	20 September 2002