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


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 255 OF 2004

 

BETWEEN:

NBCH

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

JUDGE:

LINDGREN

DATE OF ORDER:

31 MARCH 2004

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.



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 255 OF 2004

 

BETWEEN:

NBCH

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

 

JUDGE:

LINDGREN

DATE:

31 MARCH 2004

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.


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



The Applicant did not appear


Solicitor for the Respondent:

Ms J Maurer, Australian Government Solicitor

Date of Hearing:

31 March 2004

Date of Judgment:

31 March 2004