NAQK v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1467

FEDERAL COURT OF AUSTRALIA

NAQK v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1467

NAQK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N607 of 2003

MADGWICK J
8 DECEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N607 of 2003

BETWEEN:	NAQK APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE OF ORDER:	8 DECEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal is refused.

2.The costs of the application will be costs in the cause. 

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	N607 of 2003

BETWEEN:	NAQK APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MADGWICK J
DATE:	8 DECEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. In this case, I will refuse the respondent’s application for leave to appeal.  The costs of the application will be costs in the cause, because the Minister has had some degree of success with it. 

2. I should say that it is slightly invidious to be refusing an application for leave to appeal from one’s own decision, however, the circumstances are unusual.  I agree that it is perfectly arguable that I was wrong in my judgment sought to be appealed from.  But it seems to me that, as a matter of practicality, having regard to the respondent’s concerns, as explained to me, and the respondent’s ultimate objectives in relation to the litigation, and what has been said about its implications for other potential litigation, a final and authoritative result will sooner be arrived at by my dealing with the matter to finality, urgent; which I propose to do, then by granting leave to appeal.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate:
Dated:            8 December 2003

The Applicant appeared in person.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 December 2003
Date of Judgment:	8 December 2003