NAYF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 228

FEDERAL COURT OF AUSTRALIA

NAYF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 228 NAYF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 250 of 2004 WILCOX, EMMETT and DOWNES JJ 16 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 250 of 2004

BETWEEN: NAYF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT JUDGES: WILCOX, EMMETT and DOWNES JJ

DATE OF ORDER: 16 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The applicant pay the costs of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs. 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 250 of 2004

BETWEEN: NAYF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, EMMETT and DOWNES JJ

DATE: 16 AUGUST 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT THE COURT: 1 This is a case where it is necessary for the applicant to obtain leave to appeal. Gyles J summarily dismissed the application for review of the decision of the Refugee Review Tribunal. The applicant does not appear, despite his name being called outside the court. No information has been received by the respondent or by the Court registry to explain his absence. 2 In the circumstances, the appropriate order is that the application for leave to appeal be dismissed with costs. We so order. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Wilcox, Emmett and Downes.