FEDERAL COURT OF AUSTRALIA

 

NATP v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 230


 

 

 

NATP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

 

N 218 of 2004

 

 

WILCOX, EMMETT and DOWNES JJ

16 AUGUST 2004

SYDNEY

 


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 218 of 2004

 

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

 

BETWEEN:

NATP

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES:

WILCOX, EMMETT and DOWNES JJ

DATE OF ORDER:

16 AUGUST 2004

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

1.         The appeal be dismissed.

2.         The appellant pay the costs of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs.


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 218 of 2004

 

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

 

BETWEEN:

NATP

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

JUDGES:

WILCOX, EMMETT and DOWNES JJ

DATE:

16 AUGUST 2004

PLACE:

SYDNEY


REASONS FOR JUDGMENT

THE COURT:

1                     The appellant does not appear, despite his name being called outside the court.  We have a note from Mr Adam Griffin, the Appeals Support Officer in the New South Wales Registry of the Court.  It reads:

‘Telephone number given is that of an immigration agent, Peter Wong.  On 10 August I spoke to Mr Wong and explained to him what written submissions are.  He said that he would tell the appellant to filed [sic] written submissions by 11 August.  (As far as I’m aware, no submissions were filed.)’

2                     Nothing further has been heard from the appellant.

3                     The order of the Court is that the appeal be dismissed with costs.


I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Wilcox, Emmett and Downes.



Associate:


Dated:              20 August 2004



There was no appearance for the Appellant.




Counsel for the Respondent:

Mr R Bromwich



Solicitor for the Respondent:

Blake Dawson Waldron



Date of Hearing:

16 August 2004



Date of Judgment:

16 August 2004