NBBA v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1493

FEDERAL COURT OF AUSTRALIA

NBBA v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1493

NBBA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 123 OF 2004

HILL J
25 OCTOBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 123 OF 2004

BETWEEN:	NBBA APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HILL J
DATE OF ORDER:	25 OCTOBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.
2. The applicant pay the respondent Minister’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 123 OF 2004

BETWEEN:	NBBA APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HILL J
DATE:	25 OCTOBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

HILL J:

1. Before the court is an application for judicial review by the applicant.  When the matter was called on for trial, the applicant was not present.  Attempts were made by the respondent Minister to contact the applicant.  It appears the applicant is in Canberra and was aware of the proceedings but chose not to attend.  It happens also to be the case that the applicant had not attended at the hearing before the Tribunal, which had advised him that on the material he had presented it was unable to decide in his favour.

2. On the application of the respondent Minister, I would, pursuant to Order 32 Rule 2(1)(c) of the Federal Court Rules dismiss the application and order the applicant to pay the respondent Minister's costs.  I should say that had the matter proceeded on merits there is nothing in the Tribunal's reasons to suggest that the Tribunal had made any jurisdictional error.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.

Associate:

Dated:             18 November 2004

Counsel for the Respondent:	D Jordan
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	25 October 2004
Date of Judgment:	25 October 2004