NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199

FEDERAL COURT OF AUSTRALIA

NAFU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 309 of 2002

TAMBERLIN J

SYDNEY

20 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 309 OF 2002

BETWEEN:	NAFU APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	20 SEPTEMBER 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant pay the respondent’s 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 309 OF 2002

BETWEEN:

NAFU

APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	20 SEPTEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 In this matter there has been no appearance by the applicant and the material before the Court indicates that he was aware of the hearing to date. Accordingly, I have been asked by the respondent to make an order under O 32 r 2(1)(c) of the Federal Court Rules (“FCR”) dismissing the proceeding in light of the default of appearance by the applicant. I make such an order and I direct that the applicant be notified of the making of the order. I also direct that reference be made to O 35 r 7 of the FCR and a copy of that rule be sent to the applicant with the letter of notification of the orders which I make today.

2 Accordingly, I dismiss the application with costs.

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

Associate:

Dated: 26 September 2002

No appearance by the Applicant.

Counsel for the Respondent:	M Wigney

Solicitor for the Respondent:	Blake Dawson Waldron

Date of Hearing:	20 September 2002

Date of Judgment:	20 September 2002

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