NBDN v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1777

FEDERAL COURT OF AUSTRALIA

NBDN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1777

NBDN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N478 OF 2004

EMMETT J
30 APRIL 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N478 OF 2004

BETWEEN:	NBDN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	30 APRIL 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed pursuant to Order 10 rule 3(2) of the Federal Court Rules. 

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	N478 OF 2004

BETWEEN:	NBDN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE:	30 APRIL 2004
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. On 6 April 2004, an application was filed claiming relief pursuant to s 39B of the Judiciary Act 1903 (Cth). The application refers to the applicant being notified of a decision on 16 February 2004. The application does not disclose the nature of the decision in question, although it can reasonably be assumed to have been a decision by the Refugee Review Tribunal (‘the Tribunal’), since there is reference to that body in the claims. The application discloses no grounds for relief, and was not supported by an affidavit as required by the Federal Court Rules.

2. When the matter was called on for directions today, there was no appearance for the applicant.  The Minister for Immigration and Multicultural and Indigenous Affairs (‘the Minister’) therefore asks that the matter be dismissed pursuant to O 10 r 3(2) (now repealed).  In the circumstances, it is appropriate to accede to the Minister’s application. 

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

Associate:

Dated:            25 January 2005

No appearance for the Applicant:
Solicitor for the Respondent:	Z Chami, Clayton Utz
Date of Hearing:	30 April 2004
Date of Judgment:	30 April 2004