NARS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 287

FEDERAL COURT OF AUSTRALIA

NARS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 287 NARS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1525 of 2003 HILL, MADGWICK & CONTI JJ 2 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1525 of 2003

BETWEEN: NARS

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: HILL, MADGWICK & CONTI JJ

DATE OF ORDER: 2 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 N1525 of 2003

BETWEEN: NARS

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: HILL, MADGWICK & CONTI JJ

DATE: 2 DECEMBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HILL J: 1 I agree with Madgwick J that the appeal should be dismissed and with the orders that his Honour proposes. 2 The grounds of appeal of the appellant incorporate grounds two, four and five which were dealt with by the learned primary judge in his judgment. In addition, however, as Madgwick J points out, the appellant, in the grounds of appeal, says that the learned primary judge ignored the merits of his case, did not act in good faith and deprived him of natural justice. These are all very significant and serious allegations and not to be made lightly, yet they were neither particularised by the appellant in the grounds of appeal nor were they pursued at all when the appellant addressed us. 3 The orders of the Court will accordingly be that the appeal be dismissed and that the appellant pay the respondent's costs of the appeal. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.