FEDERAL COURT OF AUSTRALIA
NAJJ v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 236
MIGRATION – application for review of decision of Refugee Review Tribunal affirming decision not to grant protection visas – non-appearance by applicant at directions hearing – application dismissed
Federal Court Rules O 10 r 3
NAJJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N115 OF 2003
EMMETT J
7 MARCH 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N115 OF 2003 |
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BETWEEN: |
NAJJ APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
7 MARCH 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. the application be 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.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N115 OF 2003 |
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BETWEEN: |
NAJJ APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
EMMETT J |
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DATE: |
7 MARCH 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 The applicant is a citizenof India who arrived in Australia on 21 November 2000 with her husband and daughter. On 14 December 2000, they lodgedapplications for protection (class XA) visas with the Department of Immigration and Multicultural Affairs. On 9 January 2001, a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs (“the Minister”) refused to grant protection visas. On 5 February 2001, the applicants applied to the Refugee Review Tribunal (“the Tribunal”) for review of that decision. On 20 December 2002, the Tribunal affirmed the decision not to grant protection visas.
2 On 14 February 2003, the applicant filed an application to this Court for orders reviewing the decision of the Tribunal. When the matter was called on for hearing today, there was no appearance for the applicant. The solicitor for the respondent read an affidavit deposing to communications received from the applicant indicating that she does not wish to pursue the application before the Court. The communication requested the Registrar to withdraw “my judicial review application effective from … 6 March 2003”.
3 It appears that the applicant has now left Australia. That explains her non-appearance when called. The Minister seeks an order pursuant to O 10 r 3(2) of the Federal Court Rules for summary dismissal of the application on the ground that there was no appearance by the applicant at a directions hearing. In the circumstances it is appropriate to make such an order.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 21 March 2003
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Solicitor for the Respondent: |
Blake Dawson Waldron |
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Date of Hearing: |
7 March 2003 |
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Date of Judgment: |
7 March 2003 |
