NAOP v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1030

FEDERAL COURT OF AUSTRALIA

NAOP v Minister for Immigration & Multicultural & Indigenous Affairs
[2005] FCA 1030

NAOP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1063 OF 2005

WILCOX J
14 JULY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1063 of 2005

BETWEEN:	NAOP APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX
DATE OF ORDER:	14 JULY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application for leave to appeal is dismissed with costs assessed at $1,000.

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	NSD 1063 of 2005

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

JUDGE:	WILCOX
DATE:	14 JULY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. I note that the applicant for leave to appeal has not appeared.  No explanation has been given for his non-appearance.

2. This is a case in which a person seeks to relitigate an unsuccessful challenge to a decision of the Refugee Review Tribunal.  In the previous phases of this litigation, the applicant was unsuccessful before a Federal Magistrate, on appeal to this Court and in an application for special leave to appeal to the High Court.

3. It seems to me that this proceeding faces the insurmountable problem of res judicata.  In any event, the applicant does not appear.  Accordingly, the order I make is that the application for leave to appeal is dismissed with costs.  I will fix the costs at $1,000. 

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

Associate:

Dated:            27 July 2005

There was no appearance for the Applicant.
Solicitors for the Respondent:	S Harris of Blake Dawson Waldron
Date of Hearing:	14 July 2005
Date of Judgment:	14 July 2005