NATE of 2002 v Minister for Immigration and Multicultural &

[2003] FCA 407

FEDERAL COURT OF AUSTRALIA

NATE of 2002 v Minister for Immigration & Multicultural &
Indigenous Affairs [2003] FCA 407

APPLICANT NATE OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 109 OF 2003

LINDGREN J
30 APRIL 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 109 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	APPLICANT NATE OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	LINDGREN J
DATE OF ORDER:	30 APRIL 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant 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 109 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	LINDGREN J
DATE:	30 APRIL 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant appeals from a judgment of the Federal Magistrates Court given on 29 January 2003.  By that judgment the learned Federal Magistrate dismissed an application by the appellant in respect of a decision of the Refugee Review Tribunal.  By that decision, the Tribunal had affirmed a decision of a delegate of the respondent Minister not to grant a protection visa to the appellant.

2. Upon the matter being called this morning, the appellant has not appeared (a Court-arranged interpreter is present) and I propose to dismiss the appeal with costs under O 52 r 38A(1)(c) of the Federal Court Rules.  I note, in passing, that the appellant also did not attend an interview offered to him by the Minister’s delegate and did not appear before the Tribunal.  He did, however, appear before the learned Federal Magistrate.

3. The appellant appeared before me on 5 March 2003 when the appeal was fixed for hearing at 10.15am today.  On 11 March 2003 my Associate wrote to the appellant at his address as stated by him in the form of application by which the proceeding was commenced, advising him of a change in the time of commencement of today’s hearing from 10.15am to 9.15am.  In addition, I am informed that on the settling of the index to the appeal book, he was given a piece of paper with the time 9.15am and today’s date written on it, and that subsequently, at the office of the solicitors for the Minister, he was reminded of that hearing date and the time.  On the evidence, the appellant appears to have known that his appeal was fixed for hearing at 9.15am, rather than 10.15am, this morning.

4. It is now 9.50am and the appellant has still not appeared.  I will have my Associate check at the Court at 10.15am to ensure that he does not in fact arrive at that time.  If he does, the legal representatives of the Minister will be contacted.

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

Associate:

Dated:             5 May 2003

Counsel for the Respondent:	Mr M Wigney
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	30 April 2003
Date of Judgment:	30 April 2003