Nadezhkin v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 128

FEDERAL COURT OF AUSTRALIA

Nadezhkin v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 128

MIGRATION – tribunal requests additional information – failure to give additional information – approved business nomination required – entitlement of tribunal to hear review in absence of the applicant – Temporary Business Entry (Class UC) Visa – review by Tribunal and subsequent appeal to Federal Magistrates Court both refused – no legal ground for appeal disclosed – appellant's failure to attend hearing of appeal not satisfactorily disclosed Judiciary Act 1939 (Cth) s 39B Migration Act 1958 (Cth) ss 359(2), 359B, 359C, 360 Federal Court Rules 1976 (Cth) O 52 r 38A(1)(d) Migration Regulations 1994 (Cth) subclauses 457.223(4) and 457.223(5)

Egbrime v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1611 cited Haque v Minister for Immigration & Multicultural Affairs [2001] FCA 1077 cited NADEZHKIN V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1083 OF 2004 CONTI J 23 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1083 OF 2004

BETWEEN: NADEZHKIN

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 23 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant 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

NEW SOUTH WALES DISTRICT REGISTRY 1083 OF 2004

BETWEEN: NADEZHKIN

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE: 23 FEBRUARY 2005