Nama v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 522

FEDERAL COURT OF AUSTRALIA

NAMA v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 522

NAMA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 387 OF 2003

STONE J
27 MAY 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 387 OF 2003

BETWEEN:	NAMA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	STONE J
DATE OF ORDER:	27 MAY 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed with 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 387 OF 2003

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

JUDGE:	STONE J
DATE:	27 MAY 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The application in this proceeding was filed on 25 March 2003 and is an application for review of a decision of the Refugee Review Tribunal given on 25 February 2003 affirming the decision of a delegate of the respondent to refuse to grant the applicant a protection visa under the Migration Act 1958 (Cth).

2. The matter was listed for a directions hearing on 24 April 2003.  I have before me an affidavit of Mr Patrick Reynolds sworn on 26 May 2003.  In that affidavit Mr Reynolds states that he attended the scheduled directions hearing on 24 April 2003 before Registrar Kavallaris and that there was no appearance by the applicant. 

3. On 29 April 2003 the respondent sent a letter to the applicant’s address for service, nominated in the application, advising that the matter was listed for directions before me on 14 May 2003 and that if he did not attend the respondent would seek orders that the application be dismissed.  That information was not correct and on 13 May 2003 the respondent sent a letter to the applicant advising him of this and that he would be informed when a date a directions for hearing was allocated.  On 14 May 2003 my Associate sent a letter to both parties and advised them that the matter was listed for directions before me on 27 May 2003.  On 15 May 2003 the respondent sent a further letter to the applicant advising him of the directions hearing before me today and that if he did not attend the respondent would seek to have the application dismissed. 

4. The applicant has not appeared today.  His name was called outside the Court and I am satisfied that the he has been given notice of the directions hearing and given a proper opportunity to appear. 

5. The respondent submits that in these circumstances it is appropriate that the application be dismissed in accordance with O 10 r 3(2) of the Federal Court Rules.  I agree with that submission and will so order. 

6. The application is dismissed with costs. 

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Stone.

Associate:

Dated:             27 May 2003

Counsel for the Applicant:	There was no appearance by the Applicant.
Counsel for the Respondent:	Mr P Reynolds
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	27 May 2003
Date of Judgment:	27 May 2003