NAYL v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCAFC 33

FEDERAL COURT OF AUSTRALIA

NAYL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 33

NAYL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1182 OF 2004

GRAY, CONTI & ALLSOP JJ
4 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1182 of 2004

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

BETWEEN:	NAYL APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGES:	GRAY, CONTI & ALLSOP JJ
DATE OF ORDER:	4 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent's costs of the appeal.

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	NSD 1182 of 2004

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

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

JUDGES:	GRAY, CONTI & ALLSOP JJ
DATE:	4 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. In the light of the attempts made to provide the appellant with notice of the date and time of the appeal which are detailed in the affidavit of Murray John Allatt sworn on 3 March 2005 and filed in court today and in the light of the failure of the appellant to appear on the hearing of the appeal, pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the Court proposes to dismiss the appeal without adjudication of the merits.

2. The orders of the Court will be:

   1.The appeal be dismissed.

   3.The appellant pay the respondent's costs of the appeal.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Gray, Conti & Allsop.

Associate:

Dated:                17 March 2005

Counsel for the Respondent:	Mr D Jordan
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	4 March 2005
Date of Judgment:	4 March 2005