NAJJ v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 236

FEDERAL COURT OF AUSTRALIA

NAJJ v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 236

MIGRATION – application for review of decision of Refugee Review Tribunal affirming decision not to grant protection visas – non-appearance by applicant at directions hearing – application dismissed

Federal Court Rules O 10 r 3

NAJJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N115 OF 2003

EMMETT J
7 MARCH 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N115 OF 2003

BETWEEN:	NAJJ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	7 MARCH 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.the application be 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	N115 OF 2003

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

JUDGE:	EMMETT J
DATE:	7 MARCH 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant is a citizen of India who arrived in Australia on 21 November 2000 with her husband and daughter.  On 14 December 2000, they lodged applications for protection (class XA) visas with the Department of Immigration and Multicultural Affairs.  On 9 January 2001, a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs (“the Minister”) refused to grant protection visas.  On 5 February 2001, the applicants applied to the Refugee Review Tribunal (“the Tribunal”) for review of that decision.  On 20 December 2002, the Tribunal affirmed the decision not to grant protection visas.  

2. On 14 February 2003, the applicant filed an application to this Court for orders reviewing the decision of the Tribunal.  When the matter was called on for hearing today, there was no appearance for the applicant.  The solicitor for the respondent read an affidavit deposing to communications received from the applicant indicating that she does not wish to pursue the application before the Court.  The communication requested the Registrar to withdraw “my judicial review application effective from … 6 March 2003”.

3. It appears that the applicant has now left Australia.  That explains her non-appearance when called.  The Minister seeks an order pursuant to O 10 r 3(2) of the Federal Court Rules for summary dismissal of the application on the ground that there was no appearance by the applicant at a directions hearing.  In the circumstances it is appropriate to make such an order.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:            21 March 2003

Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	7 March 2003
Date of Judgment:	7 March 2003