FEDERAL COURT OF AUSTRALIA
NAWE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 350
NAWE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 1487 of 2003
ALLSOP J
24 FEBRUARY 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 1487 of 2003 |
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BETWEEN: |
NAWE APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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ALLSOP J |
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DATE OF ORDER: |
24 FEBRUARY 2004 |
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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 |
N 1487 of 2003 |
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BETWEEN: |
NAWE APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
ALLSOP J |
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DATE: |
24 FEBRUARY 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter the applicant has not appeared today on the second directions hearing. He has previously not appeared at a directions hearing. I am satisfied in the affidavit of Ishan Muthalib sworn 24 February 2004, being the solicitor at Blake Dawson Waldron handling the matter, that the applicant is aware of today's directions hearing.
2 In those circumstances I dismiss the application under Order 10 Rule 3 of the Federal Court Rules and I order that the applicant pay the respondent's costs.
3 It should be noted that I have had the matter called three times outside the Court room using the acronym NAWE. Assuming as I must, in the absence of argument that s 91X of the Migration Act 1958 (Cth) is constitutionally valid, I must obey it, notwithstanding the apparent absurdity of calling someone outside by an acronym.
4 The orders of Court are the application be dismissed and the applicant pay the respondent's costs.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. |
Associate:
Dated: 13 April 2004
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Solicitor for the Respondent: |
Blake Dawson Waldron |
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Date of Hearing: |
24 February 2004 |
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Date of Judgment: |
24 February 2004 |
