Widouri v Minister for Immigration and Multicultural Affairs

[2001] FCA 1543

FEDERAL COURT OF AUSTRALIA

Widouri v Minister for Immigration & Multicultural Affairs [2001] FCA 1543

DAVID WIDOURI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 429 OF 2001

HELY J
26 OCTOBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 429 OF 2001

BETWEEN:	DAVID WIDOURI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	26 OCTOBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed with 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		N 429 OF 2001
BETWEEN:	DAVID WIDOURI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE:	26 OCTOBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant was present before a Registrar of this Court on 5 July 2001 when the matter was listed before me for hearing this morning.  The applicant has not appeared.  The Application for an Order of Review specifies certain grounds on which the application is made, without giving any particulars of those grounds.  On 20 August 2001 the Australian Government Solicitor wrote to the applicant at the address named in the application, reminding him that the matter was listed for hearing this morning and drawing his attention to other outstanding matters.

2. The Australian Government Solicitor again wrote to the applicant on 18 October 2001 and 23 October 2001.  The letter of 23 October 2001 again reminded the applicant of the hearing date, and enclosed a copy of the respondent's submissions.  No response to any of those letters was received.  There is simply no explanation for the applicant's failure to appear this morning. 

3. In those circumstances, and given the deficiencies in the Application for an Order of Review to which I have referred, it is appropriate that I make an order dismissing the application with costs, and I do so.

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

Associate:

Dated:             2 November 2001

No appearance by the applicant
Solicitor for the Respondent:	Ms A Nanson
Date of Hearing:	26 October 2001
Date of Judgment:	26 October 2001