FEDERAL COURT OF AUSTRALIA NBCH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 381 NBCH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 255 of 2004 LINDGREN J 31 MARCH 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 255 OF 2004 BETWEEN: NBCH APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT JUDGE: LINDGREN DATE OF ORDER: 31 MARCH 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 255 OF 2004 BETWEEN: NBCH APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT JUDGE: LINDGREN DATE: 31 MARCH 2004 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This is the first directions hearing of an application under s 39B of the Judiciary Act 1903 (Cth) for relief in respect of a decision of the Refugee Review Tribunal ('RRT'). The applicant does not appear. 2 The RRT wrote to the applicant on 12 December 2003 inviting him to provide additional information. He did not respond. The RRT decided the matter 'on the papers'. 3 The respondent Minister seeks an order of dismissal under O 10 r 3(2) of the Federal Court Rules. Such an order should be made with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren. Associate: Dated: 5 April 2004 The Applicant did not appear Solicitor for the Respondent: Ms J Maurer, Australian Government Solicitor Date of Hearing: 31 March 2004 Date of Judgment: 31 March 2004