NAQZ v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 115

FEDERAL COURT OF AUSTRALIA

NAQZ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 115

NAQZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 1997 OF 2003

TAMBERLIN, SACKVILLE AND STONE JJ
SYDNEY
4 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1997 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	NAQZ APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGES:	TAMBERLIN, SACKVILLE AND STONE JJ
DATE OF ORDER:	4 MAY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The appeal is dismissed with 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 1997 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	NAQZ APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGES:	TAMBERLIN, SACKVILLE AND STONE JJ
DATE:	4 MAY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. In this matter, the Court received a facsimile from the appellant, seeking an adjournment of today’s hearing on the basis of ill health.  In reply, the Court sent a letter to the appellant’s address for service, by courier, which stated that the appellant should not presume that the Court would be prepared to adjourn today’s hearing.  There has, however, been no appearance by the appellant.

2. The Court has considered an application for dismissal of the appeal, pursuant to Order 52 rule 38A of the Federal Court Rules.  In the circumstances, having regard to the contents of the submissions by counsel for the respondent, and having read the reasons for decision of the Court below, and of the Refugee Review Tribunal, the Court considers it appropriate that the matter be dismissed with costs for non-appearance, and also because there is simply no basis shown or raised in the Notice of Appeal that could warrant the upholding of the appeal. 

3. The order of the Court is that the appeal is dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Tamberlin, Sackville and Stone.

Associate:

Dated:            7 May 2004

The Appellant did not appear.
Counsel for the Respondent:	T Reilly
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	4 May 2004
Date of Judgment:	4 May 2004