NARH v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1212

FEDERAL COURT OF AUSTRALIA

NARH v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1212 NARH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 668 OF 2003

STONE J 29 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 668 OF 2003

BETWEEN: NARH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 29 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with costs including any reserved 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 668 OF 2003

BETWEEN: NARH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 29 OCTOBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh who arrived in Australia on 2 March 2001. On 11 April 2001 the applicant applied, under the Migration Act 1958 (Cth) ('Migration Act'), for a protection (class XA) visa. On 29 October 2001 a delegate of the respondent refused that application. The applicant sought review of that decision by the Refugee Review Tribunal ('Tribunal') which, on 15 May 2003, affirmed the delegate's decision not to grant the applicant a protection visa. The applicant now seeks review of the Tribunal's decision under s 39B of the Judiciary Act 1903 (Cth). 2 This matter was originally listed for hearing before me at 10.15 am on Monday, 13 October 2003. At 2.45 pm on Friday, 10 October 2003 the Court received an application for adjournment of the hearing on the basis of the applicant's ill health. The medical certificate submitted in support of this application was uninformative and, in any event, covered a period ending before the date scheduled for the hearing. The applicant was told that he should attend Court, if for nothing more than the adjournment application. Nevertheless, when, on Monday morning, the applicant informed the Court that he was too ill even to attend for that purpose, bearing in mind that the applicant was not legally represented, I adjourned the hearing to 10.15 am today. The applicant again did not appear and there has been no communication or explanation from him. In the circumstances I have decided to proceed with the hearing in the applicant's absence. I have been assisted by detailed written submissions filed by counsel for the respondent. The applicant has not provided any written submissions.