Applicant M222 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 646

FEDERAL COURT OF AUSTRALIA

Applicant M222 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 646

MIGRATION – Application for extension of time – Protection visa PRACTICE & PROCEDURE – Where failure of applicant to attend hearing – Evidence of prior correspondence with applicant in relation to hearing date – Application for dismissal – Dismissal for non-attendance Federal Court Rules O 32 r 2(1)(c) and O 35 r 7 Migration Act 1958 (Cth) s 417 APPLICANT M222 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND ORS V 258 of 2004

CRENNAN J 21 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 258 OF 2004

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

In the matter of an application for an order nisi

BETWEEN: M222 of 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MS G HAMILTON SITTING AS THE REFUGEE REVIEW TRIBUNAL AND MR ADOLFO GENTILE IN HIS CAPACITY AS SENIOR MEMBER OF THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 21 MAY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to 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

VICTORIA DISTRICT REGISTRY V 258 OF 2004

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

In the matter of an application for an order nisi

BETWEEN: M222 of 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT