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 2003TAMBERLIN J
SYDNEY
27 JUNE 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 687 OF 2003
BETWEEN:
NARN
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
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
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
TAMBERLIN J
DATE:
27 JUNE 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
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.
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.
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
- AGLC
- NARN v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 672
- Case
- [2003] FCA 672
- Decision Date
CaseChat Overview and Summary
The legal issues that the Court had to address included whether the Minister had the authority to revoke the applicant's visa and whether the decision was made in accordance with the relevant legislative provisions. The Court also had to consider whether the Minister's decision was unreasonable or based on irrelevant considerations. Furthermore, the Court examined whether the applicant had been denied procedural fairness during the decision-making process.
The Court found that the Minister had the statutory power to revoke the visa and that the decision-making process was in line with the legislative requirements. The Court held that the Minister's decision was not based on irrelevant considerations and was not unreasonable. The Court further determined that the applicant had not been denied procedural fairness. Consequently, the Court dismissed the application and ordered that the applicant pay the respondent's costs.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the respondent’s costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: TAMBERLIN J
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