Applicant S208 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1722

FEDERAL COURT OF AUSTRALIA

Applicant S208 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1722

APPLICANT S208 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 2299 of 2005

WILCOX J 8 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2299 of 2005

BETWEEN: APPLICANT S208 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 8 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal against the decision of Bennett J of 4 November 2005 be dismissed with costs fixed at $700. 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 2299 of 2005

BETWEEN: APPLICANT S208 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE: 8 DECEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT WILCOX J: 1 I note that the applicant for leave to appeal does not appear. No explanation has been provided to the Court or to the solicitor for the respondent. 2 In the circumstances, I propose to exercise the power conferred upon me by s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth). 3 I will order that the application for leave to appeal against the decision of Bennett J of 4 November 2005 be dismissed 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 Wilcox.