FEDERAL COURT OF AUSTRALIA

 

Applicant S208 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1722


APPLICANT S208 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 2299 of 2005

 

 

WILCOX J

8 DECEMBER 2005

SYDNEY

 



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NSD 2299 of 2005

 

BETWEEN:

APPLICANT S208 OF 2003

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

JUDGE:

WILCOX J

DATE OF ORDER:

8 DECEMBER 2005

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

1.         The application for leave to appeal against the decision of Bennett J of 4 November 2005 be dismissed with costs fixed at $700.


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

NSD 2299 of 2005

 

BETWEEN:

APPLICANT S208 OF 2003

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

 

JUDGE:

WILCOX J

DATE:

8 DECEMBER 2005

PLACE:

SYDNEY


REASONS FOR JUDGMENT

WILCOX J:

1                     I note that the applicant for leave to appeal does not appear.  No explanation has been provided to the Court or to the solicitor for the respondent. 

2                     In the circumstances, I propose to exercise the power conferred upon me by s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

3                     I will order that the application for leave to appeal against the decision of Bennett J of 4 November 2005 be dismissed 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 Wilcox.


Associate:


Dated:              13 December 2005


The Applicant did not appear.




Solicitor for the Respondent:

Mr A Markus of Australian Government Solicitor



Date of Hearing:

8 December 2005



Date of Judgment:

8 December 2005