FEDERAL COURT OF AUSTRALIA
NAQK v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1467
NAQK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N607 of 2003
MADGWICK J
8 DECEMBER 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N607 of 2003 |
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BETWEEN: |
NAQK APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
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MADGWICK J |
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DATE OF ORDER: |
8 DECEMBER 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal is refused.
2. The costs of the application will be costs in the cause.
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 |
N607 of 2003 |
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BETWEEN: |
NAQK APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
MADGWICK J |
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DATE: |
8 DECEMBER 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
(revised from transcript)
HIS HONOUR:
1 In this case, I will refuse the respondent’s application for leave to appeal. The costs of the application will be costs in the cause, because the Minister has had some degree of success with it.
2 I should say that it is slightly invidious to be refusing an application for leave to appeal from one’s own decision, however, the circumstances are unusual. I agree that it is perfectly arguable that I was wrong in my judgment sought to be appealed from. But it seems to me that, as a matter of practicality, having regard to the respondent’s concerns, as explained to me, and the respondent’s ultimate objectives in relation to the litigation, and what has been said about its implications for other potential litigation, a final and authoritative result will sooner be arrived at by my dealing with the matter to finality, urgent; which I propose to do, then by granting leave to appeal.
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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 Madgwick. |
Associate:
Dated: 8 December 2003
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The Applicant appeared in person. |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
8 December 2003 |
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Date of Judgment: |
8 December 2003 |
