NAOP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1030

FEDERAL COURT OF AUSTRALIA

NAOP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1030 NAOP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1063 OF 2005 WILCOX J 14 JULY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1063 of 2005

BETWEEN: NAOP

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX

DATE OF ORDER: 14 JULY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed with costs assessed at $1,000. 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 1063 of 2005

BETWEEN: NAOP

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX

DATE: 14 JULY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT WILCOX J: 1 I note that the applicant for leave to appeal has not appeared. No explanation has been given for his non-appearance. 2 This is a case in which a person seeks to relitigate an unsuccessful challenge to a decision of the Refugee Review Tribunal. In the previous phases of this litigation, the applicant was unsuccessful before a Federal Magistrate, on appeal to this Court and in an application for special leave to appeal to the High Court. 3 It seems to me that this proceeding faces the insurmountable problem of res judicata. In any event, the applicant does not appear. Accordingly, the order I make is that the application for leave to appeal is dismissed with costs. I will fix the costs at $1,000. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.