NAYF v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 228

FEDERAL COURT OF AUSTRALIA

NAYF v Minister for Immigration and Multicultural and Indigenous Affairs
[2004] FCAFC 228

NAYF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 250 of 2004

WILCOX, EMMETT and DOWNES JJ
16 AUGUST 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 250 of 2004

BETWEEN:	NAYF APPLICANT
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 application for leave to appeal be dismissed.

2.The applicant 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 250 of 2004

BETWEEN:	NAYF APPLICANT
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. This is a case where it is necessary for the applicant to obtain leave to appeal.  Gyles J summarily dismissed the application for review of the decision of the Refugee Review Tribunal.  The applicant does not appear, despite his name being called outside the court.  No information has been received by the respondent or by the Court registry to explain his absence. 

2. In the circumstances, the appropriate order is that the application for leave to appeal be dismissed with costs.  We so order.

I certify that the preceding two (2) 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 Applicant.
Counsel for the Respondent:	Mr T Reilly
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	16 August 2004
Date of Judgment:	16 August 2004