NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199

FEDERAL COURT OF AUSTRALIA

NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199 NAFU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 309 of 2002 TAMBERLIN J SYDNEY 20 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 309 OF 2002

BETWEEN: NAFU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 20 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant 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 309 OF 2002

BETWEEN: NAFU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 20 SEPTEMBER 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 In this matter there has been no appearance by the applicant and the material before the Court indicates that he was aware of the hearing to date. Accordingly, I have been asked by the respondent to make an order under O 32 r 2(1)(c) of the Federal Court Rules ("FCR") dismissing the proceeding in light of the default of appearance by the applicant. I make such an order and I direct that the applicant be notified of the making of the order. I also direct that reference be made to O 35 r 7 of the FCR and a copy of that rule be sent to the applicant with the letter of notification of the orders which I make today. 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.