NAWE v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 350

FEDERAL COURT OF AUSTRALIA

NAWE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 350

NAWE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 1487 of 2003

ALLSOP J
24 FEBRUARY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1487 of 2003

BETWEEN:	NAWE APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	24 FEBRUARY 2004
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 1487 of 2003

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

JUDGE:	ALLSOP J
DATE:	24 FEBRUARY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the applicant has not appeared today on the second directions hearing.  He has previously not appeared at a directions hearing.  I am satisfied in the affidavit of Ishan Muthalib sworn 24 February 2004, being the solicitor at Blake Dawson Waldron handling the matter, that the applicant is aware of today's directions hearing. 

2. In those circumstances I dismiss the application under Order 10 Rule 3 of the Federal Court Rules and I order that the applicant pay the respondent's costs. 

3. It should be noted that I have had the matter called three times outside the Court room using the acronym NAWE. Assuming as I must, in the absence of argument that s 91X of the Migration Act 1958 (Cth) is constitutionally valid, I must obey it, notwithstanding the apparent absurdity of calling someone outside by an acronym.

4. The orders of Court are the application be dismissed and the applicant pay the respondent's costs.

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

Associate:

Dated:            13 April 2004

Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	24 February 2004
Date of Judgment:	24 February 2004