NBJQ v Minister for Immigration & Multicultural & Indigenous Affairs

[2006] FCA 423

FEDERAL COURT OF AUSTRALIA

NBJQ v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 423

NBJQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR

NSD 2353 of 2005

GRAHAM J

9 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2353 OF 2005

BETWEEN:

NBJQ
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

GRAHAM J

DATE OF ORDER:

9 FEBRUARY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        There be no order as to 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	NSD 2353 OF 2005

BETWEEN:

NBJQ
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	GRAHAM J
DATE:	9 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is a matter in which the Refugee Review Tribunal (‘the Tribunal’) affirmed a decision of the Minister's delegate taken on 21 May 2004 to refuse the grant of a protection visa to the Appellant. The decision of the Tribunal was apparently handed down on 20 October 2004. The Appellant apparently applied to the Federal Magistrates Court of Australia for review of the Tribunal's decision under s 39B of the Judiciary Act 1903 (Cth) of the Commonwealth.

2. On 9 November 2005 Federal Magistrate Smith dismissed the application before him and ordered the Appellant to pay the Minister's costs in the sum of $3500.  A notice of appeal from the judgment of Federal Magistrate Smith was filed on 29 November 2005.  That notice of appeal did not expound in any detail the grounds of the appeal, it being indicated that the Appellant had only received a copy of the order and did not have the reasons for judgment.  Reference was made to Federal Magistrate Driver, but it is clear that the intended reference was to Federal Magistrate Smith.

3. I note that the copy of the judgment which has been placed on the court file indicates that it was not certified by his Honour's associate until 25 November 2005. It may well be that the assertion in the notice of appeal that the Appellant was without a copy of the reasons for judgment of Federal Magistrate Smith at the time when the notice of appeal was filed was correct. That does not, however, exonerate the Appellant from his failure to appear on the first directions date following his institution of this appeal. In accordance with s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the appeal should be dismissed.

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

Associate:

Dated:             18 April 2006

The Appellant did not appear.
Solicitor for the Respondent:	D Watson of the Australian Government Solicitor
Date of Hearing:	9 February 2006
Date of Judgment:	9 February 2006