FEDERAL COURT OF AUSTRALIA
NAAQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 357
MIGRATION – Appeal from Federal Magistrate – no appearance by appellant – appeal dismissed
NAAQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 139 of 2003
TAMBERLIN J
SYDNEY
17 APRIL 2003
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 139 OF 2003 |
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BETWEEN: |
NAAQ APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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TAMBERLIN J |
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DATE OF ORDER: |
17 APRIL 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The appellant 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 |
N 139 OF 2003 |
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BETWEEN: |
NAAQ APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
TAMBERLIN J |
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DATE: |
17 APRIL 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter I am satisfied from the evidence which has been given and also from the communication to the Court which has been repeated in Court today, that this is a case where the appellant was aware of the hearing today and did not wish to attend the Court. I note that the appellant is in detention. In these circumstances I consider the appropriate order is that the application should be dismissed and the appellant should pay the costs of the respondents.
2 Accordingly, on the ground of failure to appear on the hearing of the appeal which has been listed, notified and of which the appellant was aware, I dismiss the appeal with costs.
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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: 16 May 2003
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No appearance by the Appellant. |
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Counsel for the Respondent: |
T Reilly |
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Solicitor for the Respondent: |
Blake Dawson Waldron |
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Date of Hearing: |
17 April 2003 |
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Date of Judgment: |
17 April 2003 |
