Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NARN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 241 NARN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 947 OF 2003 LINDGREN, EMMETT AND STONE JJ 3 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 947 OF 2003
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NARN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: LINDGREN, EMMETT AND STONE JJ
DATE OF ORDER: 3 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The appellant (applicant for leave to appeal) 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 947 OF 2003
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NARN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: LINDGREN, EMMETT AND STONE JJ
DATE: 3 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 On 10 June 2003 the appellant filed an application in this Court seeking review of a decision of the Refugee Review Tribunal ('Tribunal') affirming a decision of a delegate of the respondent Minister not to grant the appellant a protection visa under the Migration Act 1958 (Cth). The application was made returnable on 27 June 2003. The appellant did not appear at that time and the primary judge dismissed her application and ordered that she pay the respondent's costs.
2 The appellant filed a notice of motion under O 35 r 7 of the Federal Court Rules seeking that the order of dismissal be set aside. In her supporting affidavit the appellant explained that she failed to attend the directions hearing on 27 June 2003 because she misread the date. Her English is poor and, in particular, she has difficulty in reading handwritten English and thought the scheduled date was 27 July 2003.
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