NBCH v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 381

FEDERAL COURT OF AUSTRALIA

NBCH v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 381

NBCH v MINISTER FOR IMMIGRATION & MULTICULTURAL &
INDIGENOUS AFFAIRS

N 255 of 2004

LINDGREN J
31 MARCH 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 255 OF 2004

BETWEEN:	NBCH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	LINDGREN
DATE OF ORDER:	31 MARCH 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 255 OF 2004

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

JUDGE:	LINDGREN
DATE:	31 MARCH 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is the first directions hearing of an application under s 39B of the Judiciary Act 1903 (Cth) for relief in respect of a decision of the Refugee Review Tribunal (‘RRT’). The applicant does not appear.

2. The RRT wrote to the applicant on 12 December 2003 inviting him to provide additional information.  He did not respond.  The RRT decided the matter ‘on the papers’.

3. The respondent Minister seeks an order of dismissal under O 10 r 3(2) of the Federal Court Rules.  Such an order should be made with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:

Dated:             5 April 2004

The Applicant did not appear
Solicitor for the Respondent:	Ms J Maurer, Australian Government Solicitor
Date of Hearing:	31 March 2004
Date of Judgment:	31 March 2004