NAustralian National University v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 345

FEDERAL COURT OF AUSTRALIA

NANU v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 345

NANU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N114 of 2004

JACOBSON J
24 MARCH 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 114 of 2004

ON APPEAL FROM A JUDGMENT OF A FEDERAL MAGISTRATE

BETWEEN:	NANU APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	JACOBSON J
DATE OF ORDER:	24 MARCH 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s costs in the proceedings.

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 114 of 2004

ON APPEAL FROM A JUDGMENT OF A FEDERAL MAGISTRATE

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

JUDGE:	JACOBSON J
DATE:	24 MARCH 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of a Federal Magistrate delivered on 16 January 2004 dismissing an application for review of a decision of the Refugee Review Tribunal (“the RRT”).  The decision of the RRT was handed down on 14 March 2003.

2. The matter was called on for hearing this morning at 10.15 am but there was no appearance for the appellant.  I stood the matter down for 20 minutes to enable the appellant to appear if he was delayed or otherwise unable to be at Court at 10.15 am.  It is now

   
   

   11.15 am and there is no appearance by the appellant.

3. On 26 February 2004, I listed the appeal for hearing before me this morning.  There was no appearance by the appellant on 26 February but Mr Reynolds, solicitor, appeared for the Minister.  Ms Francois of counsel tendered this morning a letter dated 26 February 2004 from the solicitors for the Minister notifying the appellant of the hearing date.  She also tendered a letter of 22 March 2004 which was sent by express post to the appellant enclosing the Minister's outline of submissions.  Both letters were sent to the appellant at the address for service stated in the notice of appeal.

4. I have been asked to exercise my powers under O 52, r 38A(1)(c) to dismiss the appeal by reason of the absence of the appellant when the matter was called on for hearing.  The Minister does not ask me to proceed under O 52, r 38A(1)(d).

5. I am satisfied in the circumstances which have been put before me that I ought to dismiss the appeal under paragraph (c) of the Rules.  Accordingly, the orders I will make are that the appeal be dismissed with costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Date:              26 March 2004

No appearance for the appellant.
Counsel for the Respondent:	Ms R Francois
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	24 March 2004
Date of Judgment:	24 March 2004