Vahaakolo v Minister for Immigration and Multicultural Affairs

[2001] FCA 1418

FEDERAL COURT OF AUSTRALIA

Vahaakolo v Minister for Immigration & Multicultural Affairs [2001] FCA 1418

SIONE VAHAAKOLO v
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1330 OF 2000

TAMBERLIN J
SYDNEY
2 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1330 OF 2000

BETWEEN:	SIONE VAHAAKOLO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE OF ORDER:	2 OCTOBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The applicant pay the respondent’s costs of the application.

THE COURT DIRECTS THAT:

The respondent notify the applicant as soon as practicable of the decision and enclose with that notification a copy of the provisions of O 35 r 7 of the Federal Court Rules.

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 1330 OF 2000

BETWEEN:	SIONE VAHAAKOLO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	2 OCTOBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was called outside the Court but there was no appearance by the applicant.  I am satisfied, having regard to the papers and the material before me, that the applicant was informed of the hearing date but nevertheless has failed to appear. 

2. In the application for an order of review in this matter, a number of grounds are set out by the applicant.  I am not satisfied that any of these grounds have been made out and I consider that the decision of Katz J and that of the Full Court in relation to the original matter are persuasive and lead to the conclusion that there is no substance in the present application. 

3. Accordingly, I propose to dismiss the application with costs but I will do so pursuant to the provisions of O 32.  I direct the respondent to notify the applicant as soon as practicable of the decision and to enclose with that notification a copy of the provisions of O 35 r 7 of the Federal Court Rules.

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

Associate:

Dated:             11 October 2001

Counsel for the Respondent:	Justin Smith
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	2 October 2001
Date of Judgment:	2 October 2001