FEDERAL COURT OF AUSTRALIA
NBBA v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1493NBBA 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
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
HILL J
DATE OF ORDER:
25 OCTOBER 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
- The application be dismissed.
- 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
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
HILL J
DATE:
25 OCTOBER 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
HILL J:
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.
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
- AGLC
- NBBA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1493
- Case
- [2004] FCA 1493
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Minister had indeed failed to consider relevant matters in making the decision and whether the Minister had relied on irrelevant considerations. The court had to determine whether the Minister's decision was legally sound and if it was made in accordance with the Migration Act.
In dismissing the application, the court held that the Minister had properly considered the merits of the association's application and had not relied on irrelevant considerations. The court found that the Minister's decision was reasonable and lawful, and the association's claim for judicial review was dismissed. The court also ordered that the association pay the Minister's costs.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the respondent Minister’s costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HILL J
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