NAPH v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1621

FEDERAL COURT OF AUSTRALIA

NAPH v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1621

NAPH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1517 OF 2003

EMMETT J
19 DECEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1517 OF 2003

BETWEEN:	NAPH APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	19 DECEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        the appeal be dismissed.

2.        the appellant pay the respondent’s costs of the appeal.

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	N1517 OF 2003

BETWEEN:	NAPH APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE:	19 DECEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was before Moore J for callover on 29 October 2003.  On that day, the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs (‘the Minister’), asked for a direction that the appellant file and serve an amended notice of appeal setting out the grounds of appeal and the particulars of those grounds.  His Honour directed the appellant to do so by 28 November 2003.

2. The reason for such a direction is patently obvious. The notice of appeal discloses no grounds and indicates no basis upon which the appeal could succeed. The appellant failed to comply with that direction and, on 10 December 2003, the appellant and the Minister were informed that the matter would be listed today for the purpose of hearing the parties on the question of whether to make an order that the appeal be dismissed pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

3. The appellant was unable to offer any explanation for his failure to comply with the direction, other than that he forgot.  He was unable to formulate any grounds and said that, given time, he might be able to do so.  In the circumstances, I consider that it is appropriate that the appeal be dismissed summarily. 

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:             23 January 2004

Counsel for the Appellant:	The appellant appeared in person with the assistance of an interpreter
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	19 December 2003
Date of Judgment:	19 December 2003