Niamsombo v Minister for Immigration and Multicultural Affairs Summary

FEDERAL COURT OF AUSTRALIA
Niamsombo v Minister for Immigration & Multicultural Affairs [2000]
FCA 1809
NIAMSOMBO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 766 of 2000
TAMBERLIN J
SYDNEY
6 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N766 OF 2000

BETWEEN:

NIAMSOMBO
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

TAMBERLIN J

DATE:

6 DECEMBER 2000

PLACE:

SYDNEY

REASONS FOR JUDGMENT

In view of the fact that there has been no appearance, and having regard to the evidence which has been given and the fact there was no appearance before the Refugee Review Tribunal, as I understand it, I am satisfied that this is an appropriate case for making an order under O 32 r 2 of the Federal Court Rules, dismissing the application. There appears to be no reason why it should not be dismissed with costs. I note that the provisions of O 35 r 7 provide that the Court may set aside a judgment or order in circumstances where the proceedings have been dismissed for want of appearance, provided that the requirements of the Rules are made out.
Accordingly, I dismiss the application with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.
Associate:
Dated: 21 December 2000

Counsel for the Applicant: The applicant did not appear

Counsel for the Respondent: R Bromrich

Solicitor for the Respondent: Sparke Helmore

Date of Hearing: 6 December 2000

Date of Judgment: 6 December 2000

CaseChat Overview and Summary

The Federal Court of Australia addressed the matter of Niamsombo v Minister for Immigration and Multicultural Affairs, a case involving an applicant who sought to challenge the decision of the Minister for Immigration and Multicultural Affairs regarding their immigration status. The applicant, Niamsombo, did not appear before the court, and there was no appearance before the Refugee Review Tribunal. The Minister for Immigration and Multicultural Affairs was represented by R Bromrich of Sparke Helmore.

The legal issues before the court were whether the applicant had valid grounds to challenge the decision and if the lack of appearance before the court and the Refugee Review Tribunal warranted dismissal of the application. The court had to determine if there were sufficient reasons to grant relief to the applicant under the circumstances, and whether it was appropriate to dismiss the application with costs.

Justice Tamberlin found that the lack of appearance before both the court and the Refugee Review Tribunal, combined with the evidence presented, made this an appropriate case for dismissal under Order 32 Rule 2 of the Federal Court Rules. The court concluded that there was no reason why the application should not be dismissed with costs, and accordingly, the application was dismissed with costs.

No further orders were made, as the court found the circumstances sufficient to warrant the dismissal of the application with costs.

Niamsombo v Minister for Immigration and Multicultural Affairs

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N766 OF 2000

BETWEEN:	NIAMSOMBO APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	6 DECEMBER 2000
PLACE:	SYDNEY

Counsel for the Applicant:	The applicant did not appear
Counsel for the Respondent:	R Bromrich
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	6 December 2000
Date of Judgment:	6 December 2000