NAQJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1185

FEDERAL COURT OF AUSTRALIA

NAQJ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1185

NAQJ of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 801 of 2002

SACKVILLE J
SYDNEY
19 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 801 OF 2002

BETWEEN:	APPLICANT NAQJ OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	SACKVILLE J
DATE OF ORDER:	19 SEPTEMBER 2002
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	N 801 OF 2002

BETWEEN:	APPLICANT NAQJ OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	SACKVILLE J
DATE:	19 SEPTEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In these proceedings the applicant seeks judicial review of a decision of the Refugee Review Tribunal (“RRT”) made on 19 June 2002.  The RRT affirmed a decision of a delegate of the respondent (“the Minister”) not to grant the applicant a protection visa.  As appears from the reasons for decision of the RRT the applicant did not appear at the hearing conducted by the RRT on 19 June 2002.

2. The proceedings in this Court were commenced by way of an application which was filed on 5 August 2002.  The first directions hearing was scheduled for 5 September 2002, however the applicant did not appear at that directions hearing.  I infer that the applicant would have known of the date of that directions hearing since it was endorsed on the application when filed in this Court.

3. On 5 September 2002 the matter was stood over until today, 19 September 2002.  The Minister's representative read an affidavit in support of an application pursuant to Federal Court Rules (“FCR”) O 10 r 3(2) to dismiss the application by reason of the non-appearance of the applicant.  That affidavit indicates that letters were sent to a variety of addresses associated with the applicant notifying her of today's hearing and of the Minister's intention to apply to have her application dismissed should she not appear.  The addresses to which the letters were sent include the applicant's address for service as notified on the application filed in this Court, the previous place of employment, a postal address given to the RRT and a residential address given by her in her application for a protection visa dated 10 February 2002.

4. In these circumstances, given the non-appearance of the applicant, I think the appropriate course is to dismiss the application pursuant to FCR O 10 r 3(2).  I make that order and the additional order that the applicant pay the Minister's costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville.

Associate:

Dated:            19 September 2002

The applicant did not appear.

Counsel for the Respondent:	Ms M Asimus appeared for the respondent
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	19 September 2002
Date of Judgment:	19 September 2002