NATP v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 230

FEDERAL COURT OF AUSTRALIA

NATP v Minister for Immigration and Multicultural and Indigenous Affairs
[2004] FCAFC 230

NATP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 218 of 2004

WILCOX, EMMETT and DOWNES JJ
16 AUGUST 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 218 of 2004

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

BETWEEN:	NATP APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGES:	WILCOX, EMMETT and DOWNES JJ
DATE OF ORDER:	16 AUGUST 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.The appellant pay the costs of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs.

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 218 of 2004

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

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

JUDGES:	WILCOX, EMMETT and DOWNES JJ
DATE:	16 AUGUST 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. The appellant does not appear, despite his name being called outside the court.  We have a note from Mr Adam Griffin, the Appeals Support Officer in the New South Wales Registry of the Court.  It reads:

   ‘Telephone number given is that of an immigration agent, Peter Wong.  On 10 August I spoke to Mr Wong and explained to him what written submissions are.  He said that he would tell the appellant to filed [sic] written submissions by 11 August.  (As far as I’m aware, no submissions were filed.)’

2. Nothing further has been heard from the appellant.

3. The order of the Court is that the appeal be 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 Wilcox, Emmett and Downes.

Associate:

Dated:            20 August 2004

There was no appearance for the Appellant.
Counsel for the Respondent:	Mr R Bromwich
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	16 August 2004
Date of Judgment:	16 August 2004