FEDERAL COURT OF AUSTRALIA Vahaakolo v Minister for Immigration & Multicultural Affairs [2001] FCA 1418 SIONE VAHAAKOLO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1330 OF 2000 TAMBERLIN J SYDNEY 2 OCTOBER 2001 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 1330 OF 2000 BETWEEN: SIONE VAHAAKOLO APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: TAMBERLIN J DATE OF ORDER: 2 OCTOBER 2001 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. THE COURT DIRECTS THAT: The respondent notify the applicant as soon as practicable of the decision and enclose with that notification a copy of the provisions of O 35 r 7 of the Federal Court Rules. 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 1330 OF 2000 BETWEEN: SIONE VAHAAKOLO APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT JUDGE: TAMBERLIN J DATE: 2 OCTOBER 2001 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This matter was called outside the Court but there was no appearance by the applicant. I am satisfied, having regard to the papers and the material before me, that the applicant was informed of the hearing date but nevertheless has failed to appear. 2 In the application for an order of review in this matter, a number of grounds are set out by the applicant. I am not satisfied that any of these grounds have been made out and I consider that the decision of Katz J and that of the Full Court in relation to the original matter are persuasive and lead to the conclusion that there is no substance in the present application. 3 Accordingly, I propose to dismiss the application with costs but I will do so pursuant to the provisions of O 32. I direct the respondent to notify the applicant as soon as practicable of the decision and to enclose with that notification a copy of the provisions of O 35 r 7 of the Federal Court Rules. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin. Associate: Dated: 11 October 2001 Counsel for the Respondent: Justin Smith Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 2 October 2001 Date of Judgment: 2 October 2001