FEDERAL COURT OF AUSTRALIA
NBBA v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1493
NBBA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 123 OF 2004
HILL J
25 OCTOBER 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 123 OF 2004 |
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BETWEEN: |
NBBA APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
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HILL J |
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DATE OF ORDER: |
25 OCTOBER 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
- The application be dismissed.
- The applicant pay the respondent Minister’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 123 OF 2004 |
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BETWEEN: |
NBBA APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
HILL J |
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DATE: |
25 OCTOBER 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
HILL J:
1 Before the court is an application for judicial review by the applicant. When the matter was called on for trial, the applicant was not present. Attempts were made by the respondent Minister to contact the applicant. It appears the applicant is in Canberra and was aware of the proceedings but chose not to attend. It happens also to be the case that the applicant had not attended at the hearing before the Tribunal, which had advised him that on the material he had presented it was unable to decide in his favour.
2 On the application of the respondent Minister, I would, pursuant to Order 32 Rule 2(1)(c) of the Federal Court Rules dismiss the application and order the applicant to pay the respondent Minister's costs. I should say that had the matter proceeded on merits there is nothing in the Tribunal's reasons to suggest that the Tribunal had made any jurisdictional error.
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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 Hill. |
Associate:
Dated: 18 November 2004
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Counsel for the Respondent: |
D Jordan |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
25 October 2004 |
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Date of Judgment: |
25 October 2004 |
