NAWE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 350

FEDERAL COURT OF AUSTRALIA

NAWE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 350 NAWE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1487 of 2003 ALLSOP J 24 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1487 of 2003

BETWEEN: NAWE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 24 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be 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 1487 of 2003

BETWEEN: NAWE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE: 24 FEBRUARY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 In this matter the applicant has not appeared today on the second directions hearing. He has previously not appeared at a directions hearing. I am satisfied in the affidavit of Ishan Muthalib sworn 24 February 2004, being the solicitor at Blake Dawson Waldron handling the matter, that the applicant is aware of today's directions hearing. 2 In those circumstances I dismiss the application under Order 10 Rule 3 of the Federal Court Rules and I order that the applicant pay the respondent's costs. 3 It should be noted that I have had the matter called three times outside the Court room using the acronym NAWE. Assuming as I must, in the absence of argument that s 91X of the Migration Act 1958 (Cth) is constitutionally valid, I must obey it, notwithstanding the apparent absurdity of calling someone outside by an acronym. 4 The orders of Court are the application be dismissed and the applicant pay the respondent's costs.