FEDERAL COURT OF AUSTRALIA NAAQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 357 MIGRATION – Appeal from Federal Magistrate – no appearance by appellant – appeal dismissed NAAQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 139 of 2003 TAMBERLIN J SYDNEY 17 APRIL 2003 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 139 OF 2003 BETWEEN: NAAQ APPELLANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT JUDGE: TAMBERLIN J DATE OF ORDER: 17 APRIL 2003 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant 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 139 OF 2003 BETWEEN: NAAQ APPELLANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT JUDGE: TAMBERLIN J DATE: 17 APRIL 2003 PLACE: SYDNEY REASONS FOR JUDGMENT 1 In this matter I am satisfied from the evidence which has been given and also from the communication to the Court which has been repeated in Court today, that this is a case where the appellant was aware of the hearing today and did not wish to attend the Court. I note that the appellant is in detention. In these circumstances I consider the appropriate order is that the application should be dismissed and the appellant should pay the costs of the respondents. 2 Accordingly, on the ground of failure to appear on the hearing of the appeal which has been listed, notified and of which the appellant was aware, I dismiss the appeal 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: 16 May 2003 No appearance by the Appellant. Counsel for the Respondent: T Reilly Solicitor for the Respondent: Blake Dawson Waldron Date of Hearing: 17 April 2003 Date of Judgment: 17 April 2003