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

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.

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.

Associate:

Dated:              11 October 2001