FEDERAL COURT OF AUSTRALIA

NACL v Minister for Immigration & Multicultural &

Indigenous Affairs [2003] FCA 602

NACL v MINISTER FOR IMMIGRATION & MULTICULTURAL &

INDIGENOUS AFFAIRS

N 302 OF 2003

LINDGREN J

13 JUNE 2003

SYDNEY

THE COURT ORDERS THAT:

1.         The appeal be 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.

REASONS FOR JUDGMENT

1                     Upon this appeal being called on for hearing, the appellant was called outside the Court, but did not appear.  The appellant had appeared before me on 28 April 2003, when his appeal was fixed for hearing today.  I have no doubt that he understood on that occasion that his appeal was to be heard today at 10.15 am.  I propose to accede to the respondent’s application that the appeal be dismissed under O 52 r 38A.

2                     If the appellant had appeared, the respondent would have asked that the appeal be dismissed as incompetent.  That application would have been based on the fact that in his notice of appeal the appellant did not identify any ground of appeal whatever, and merely described forms of relief which he sought.  I would have dismissed the appeal as incompetent unless there had been a successful application by the appellant for leave to amend the notice of appeal.  I say nothing as to the prospects of success of such an application.

3                     For the above reasons, the appeal is dismissed with costs.

Associate:

Dated:                          13 June 2003