Niamsombo v Minister for Immigration & Multicultural Affairs [2000] FCA 1809

FEDERAL COURT OF AUSTRALIA

Niamsombo v Minister for Immigration & Multicultural Affairs [2000]

FCA 1809

NIAMSOMBO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 766 of 2000 TAMBERLIN J SYDNEY 6 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N766 OF 2000

BETWEEN: NIAMSOMBO

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 6 DECEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 In view of the fact that there has been no appearance, and having regard to the evidence which has been given and the fact there was no appearance before the Refugee Review Tribunal, as I understand it, I am satisfied that this is an appropriate case for making an order under O 32 r 2 of the Federal Court Rules, dismissing the application. There appears to be no reason why it should not be dismissed with costs. I note that the provisions of O 35 r 7 provide that the Court may set aside a judgment or order in circumstances where the proceedings have been dismissed for want of appearance, provided that the requirements of the Rules are made out. 2 Accordingly, I dismiss the application with costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate: Dated: 21 December 2000

Counsel for the Applicant: The applicant did not appear

Counsel for the Respondent: R Bromrich

Solicitor for the Respondent: Sparke Helmore

Date of Hearing: 6 December 2000

Date of Judgment: 6 December 2000