Pinkum v Minister for Immigration and Multicultural Affairs

[2001] FCA 460

FEDERAL COURT OF AUSTRALIA

Pinkum v Minister for Immigration and Multicultural Affairs
[2001] FCA 460

NICHAKRAN PINKUM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NO. 1450 OF 2000

CONTI J
12 APRIL 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1450 OF 2000

BETWEEN:	NICHAKRAN PINKUM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	CONTI J
DATE OF ORDER:	12 APRIL 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Application be dismissed.

2.        The Applicant pay the costs of the Respondent.

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 1450 OF 2000

BETWEEN:	NICHAKRAN PINKUM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	CONTI J
DATE:	12 APRIL 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. When this matter was called on for hearing this morning, the Applicant did not appear. On 8 February 2001 there was a mention of this application before the court, and the Applicant was then represented by BT & NG Consultants, though she was not seen to be in the court at the time of that particular proceeding being called by the Court officer. The Applicant did not appear when her original application for review was brought on for hearing before the Refugee Review Tribunal (“the RRT”) for review. Submissions in writing were sent by the Respondent Minister to the Applicant on 10 April 2000 and I have those submissions before me. The Applicant was also provided with the Green Book.

2. In the circumstances I propose to dismiss the application. I do so with the benefit of some understanding of the nature of the case which the Applicant placed before the Delegate to the Minister and the RRT. It is readily Apparent to me that the applicant's prospects of making out a case for persecution on any Convention ground are in any event somewhat remote. In the circumstances and pursuant to Order 32 Rule 2(1)(c) of the Federal Court Rules, I dismiss the application for review of Nichakran Pinkum and order the said Applicant pay the Respondent Minister's costs of the application.

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

Associate:

Dated:             24 April 2001

Counsel for the Applicant:	No Appearance
Counsel for the Respondent:	Ms A.F. Backman
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	12 April 2001
Date of Judgment:	12 April 2001