Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBHC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 727 NBHC v Minister for Immigration & Multicultural & Indigenous Affairs NSD 661 OF 2005 LINDGREN J 25 MAY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 661 OF 2005
BETWEEN: NBHC
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 25 MAY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an extension of time in which to seek leave to appeal be refused.
2. The applicant pay the respondent's costs.
3. For the purposes of order (2), the respondent's costs be fixed in the sum of $1000.
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 NSD 661 OF 2005
BETWEEN: NBHC
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 25 MAY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant applies for an extension of time in which to seek leave to appeal and, if it is granted, for leave to appeal, from a judgment of Barnes FM in the Federal Magistrates Court of Australia ('FMCA') delivered on 2 March 2005. 2 The applicant did not appear today when the matter was called. 3 On 17 May 2005, the Court Registry wrote to the applicant at the address for service which she gave on her application advising her that the proceeding was fixed for hearing today at 2.15 pm. In addition, the solicitors for the respondent Minister wrote to the applicant at the same address on 23 May 2005 confirming the hearing fixture for today at 2.15 pm and enclosing a copy of the respondent's submissions. 4 I am satisfied that the applicant knew of the hearing date today. The hearing has proceeded in her absence. 5 The application is supported by an affidavit of the applicant sworn 29 April 2005, being the date of the filing of the application. The affidavit states as follows:
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