FEDERAL COURT OF AUSTRALIA
NAOP v Minister for Immigration & Multicultural & Indigenous Affairs
[2005] FCA 1030
NAOP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1063 OF 2005
WILCOX J
14 JULY 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1063 of 2005 |
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BETWEEN: |
NAOP APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WILCOX |
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DATE OF ORDER: |
14 JULY 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal is dismissed with costs assessed at $1,000.
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 |
NSD 1063 of 2005 |
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BETWEEN: |
NAOP APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WILCOX |
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DATE: |
14 JULY 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
WILCOX J:
1 I note that the applicant for leave to appeal has not appeared. No explanation has been given for his non-appearance.
2 This is a case in which a person seeks to relitigate an unsuccessful challenge to a decision of the Refugee Review Tribunal. In the previous phases of this litigation, the applicant was unsuccessful before a Federal Magistrate, on appeal to this Court and in an application for special leave to appeal to the High Court.
3 It seems to me that this proceeding faces the insurmountable problem of res judicata. In any event, the applicant does not appear. Accordingly, the order I make is that the application for leave to appeal is dismissed with costs. I will fix the costs at $1,000.
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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 Wilcox. |
Associate:
Dated: 27 July 2005
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There was no appearance for the Applicant. |
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Solicitors for the Respondent: |
S Harris of Blake Dawson Waldron |
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Date of Hearing: |
14 July 2005 |
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Date of Judgment: |
14 July 2005 |
