FEDERAL COURT OF AUSTRALIA
NBCH v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 381
NBCH v MINISTER FOR IMMIGRATION & MULTICULTURAL &
INDIGENOUS AFFAIRS
N 255 of 2004
LINDGREN J
31 MARCH 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 255 OF 2004 |
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BETWEEN: |
NBCH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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LINDGREN |
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DATE OF ORDER: |
31 MARCH 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 255 OF 2004 |
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BETWEEN: |
NBCH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
LINDGREN |
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DATE: |
31 MARCH 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is the first directions hearing of an application under s 39B of the Judiciary Act 1903 (Cth) for relief in respect of a decision of the Refugee Review Tribunal (‘RRT’). The applicant does not appear.
2 The RRT wrote to the applicant on 12 December 2003 inviting him to provide additional information. He did not respond. The RRT decided the matter ‘on the papers’.
3 The respondent Minister seeks an order of dismissal under O 10 r 3(2) of the Federal Court Rules. Such an order should be made with costs.
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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 Lindgren. |
Associate:
Dated: 5 April 2004
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The Applicant did not appear |
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Solicitor for the Respondent: |
Ms J Maurer, Australian Government Solicitor |
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Date of Hearing: |
31 March 2004 |
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Date of Judgment: |
31 March 2004 |