NAPA v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 521

FEDERAL COURT OF AUSTRALIA

NAPA v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 521

NAPA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 534 OF 2003

STONE J
27 MAY 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 534 OF 2003

BETWEEN:	NAPA 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. 

2.        The applicant pay the respondent’s costs in the amount of $850. 

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 534 OF 2003

BETWEEN:	NAPA 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 30 April 2003 and is an application under s 39B of the Judiciary Act 1903 (Cth) for review of a decision of the Refugee Review Tribunal given on 5 March 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 originally listed for directions on 15 May 2003.  I have before me an affidavit of Ms Althea Houlton sworn on 26 May 2003.  In that affidavit Ms Houlton notes that she attended the scheduled directions hearing on 15 May 2003 before Registrar Kavallaris and that there was no appearance by the applicant.  Subsequently, on 16 May 2003, a letter was sent to the applicant’s address for service, nominated in the application, advising that the matter was listed for further directions before me today.  That letter also advised the applicant that if he did not attend the respondent would seek orders that the application be dismissed and that the applicant pay the respondent’s legal costs.  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. 

3. 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.  The respondent also requests that the applicant pay his costs in the amount of $850.  I also consider this appropriate. 

4. The application is dismissed and the applicant is liable for the respondent’s costs in the amount of $850. 

I certify that the preceding four (4) 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:	Ms A Houlton
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	27 May 2003
Date of Judgment:	27 May 2003