FEDERAL COURT OF AUSTRALIA
MBR v Minister for Immigration &
Multicultural & Indigenous Affairs
[2006] FCA 492
MBR v Minister for Immigration & Multicultural & Indigenous Affairs
NSD 2639 OF 2005
JACOBSON J
SYDNEY
3 MAY 2006
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2639 OF 2005 |
On appeal from a decision of Federal Magistrate Scarlett
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BETWEEN: |
MBR APPELLANT
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AND: |
Minister for Immigration & Multicultural & Indigenous Affairs RESPONDENT
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DATE OF ORDER: |
3 MAY 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
- The appeal be dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth).
- The appellant pay the respondent’s costs of the appeal.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2639 OF 2005 |
On appeal from a decision of Federal Magistrate Scarlett
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BETWEEN: |
MBR APPELLANT
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AND: |
Minister for Immigration & Multicultural & Indigenous Affairs RESPONDENT
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JUDGE: |
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DATE: |
3 MAY 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for leave to appeal from a judgment of Federal Magistrate Scarlett dated 12 December 2005 dismissing an application for review of a decision of the Immigration Review Tribunal (“the Tribunal”) made on 13 May 1997.
2 The Tribunal affirmed the decision of a delegate refusing to grant the applicant a Class 816 special permanent entry permit.
3 When the application was called on for hearing this morning, counsel for the respondent sought leave to file in court two affidavits which establish that the applicant has left the country. I gave leave to file the affidavits in court. These affidavits, of course, explain why there was no appearance this morning by the applicant.
4 Counsel asks me to make an order pursuant to section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) for the failure of the applicant to attend this morning’s hearing.
5 I am satisfied in the circumstances outlined above that it is appropriate for me to make that order. Accordingly, I will order that the application be dismissed with costs.
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I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson. |
Associate:
Dated: 9 May 2006
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Counsel for the Appellant: |
The appellant failed to appear |
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Counsel for the Respondent: |
Ms Mason |
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Solicitor for the Respondent: |
Phillips Fox |
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Date of Hearing: |
3 May 2006 |
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Date of Judgment: |
3 May 2006 |
