NARN v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 672

FEDERAL COURT OF AUSTRALIA

NARN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 672

NARN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 687 OF 2003

TAMBERLIN J
SYDNEY
27 JUNE 2003

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 687 OF 2003

BETWEEN:	NARN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	27 JUNE 2003
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 687 OF 2003

BETWEEN:	NARN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	27 JUNE 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter there has been no appearance by the applicant.  A letter has been sent by the respondent’s solicitors notifying the applicant of the proposed application to dismiss in the event of no appearance on the directions hearing.  The applicant was notified by the Registry, on filing the application for review, that the application was made returnable for today, and in those circumstances I am satisfied on the material before me, that the applicant is aware of the hearing today and did not appear.  Accordingly, I propose to dismiss the matter for default of appearance and I order the applicant to pay the costs of the respondent.

2. I note and draw to the attention of the applicant that there is power under O 35 r 7 of the Federal Court Rules to make an application to set aside an order obtained for default of appearance, but proper cause has to be shown on  such an application.

3. I direct that a copy of these brief reasons be sent to the applicant, at the address notified in the application, by certified mail within the next seven days.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin

Associate:

Dated:             4 July 2003

No appearance by the Applicant.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	27 June 2003
Date of Judgment:	27 June 2003