FEDERAL COURT OF AUSTRALIA
NAFX v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 122
MIGRATION – application for a protection visa – judicial review of a decision of the Refugee Review Tribunal – no appearance by the applicant.
Judiciary Act 1903 (Cth) – s 39B
Migration Act 1958 (Cth)
NAFX v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 1348 OF 2002
HILL J
14 FEBRUARY 2003
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
N 1348 OF 2003 |
|
BETWEEN: |
NAFX APPLICANT
|
|
AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT |
|
DATE OF ORDER: |
|
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent Minister’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 1348 OF 2003 |
|
BETWEEN: |
APPLICANT |
|
AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT |
|
JUDGE: |
|
|
DATE: |
|
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application brought by the applicant against the respondent Minister for Immigration and Multicultural Affairs and Indigenous Affairs under s 39B of the Judiciary Act 1903 (Cth), as made applicable by the provisions of the Migration Act 1958 (Cth) for judicial review of a decision of the Refugee Review Tribunal refusing to grant to her a protection (class XA) visa and accordingly, affirming the decision of the respondent Minister. The matter was originally before the court on 3 February 2003 when there was no appearance on behalf of the applicant.
2 On that day I directed the respondent Minister to advise the applicant that she had in essence two alternatives; the first was to accept the orders in the draft short minutes of order, which the Minister forwarded to her; the second alternative was to attend today when I would consider making alternative orders. I also requested the Minister to advise her that if neither these courses were adopted, I would consider making orders having the application dismissed.
3 I have received a copy of a letter addressed to the applicant dated 4 February 2003, in compliance with those orders. I will mark the copy of the letter ‘A’ in these proceedings. There is no appearance again today and accordingly, I would order that the application be dismissed and that the applicant pay the Minister's costs of it.
|
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hill. |
Associate:
Dated: 27 February 2003
|
Counsel for the Applicant: |
No appearance for the applicant. |
|
|
|
|
Solicitor for the Respondent: |
Sparke Helmore |
|
|
|
|
Date of Hearing: |
14 February 2003 |
|
|
|
|
Date of Judgment: |
14 February 2003 |
