Applicant S328 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1734

FEDERAL COURT OF AUSTRALIA

Applicant S328 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1734 APPLICANT S328 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1972 of 2005 WILCOX J 23 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1972 of 2005

BETWEEN: APPLICANT S328 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 23 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed with costs fixed at $450.00. 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 1972 of 2005

BETWEEN: APPLICANT S328 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE: 23 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT WILCOX J: 1 I note that the applicant in this matter does not appear, despite the fact that he has been told his application for leave to appeal would be heard today. 2 The applicant seeks leave to appeal against the refusal of an order nisi by Jacobson J. His Honour refused an order nisi because no jurisdictional error had been identified. The application for leave to appeal and supporting affidavit also fail to identify any jurisdictional error. 3 As the applicant has failed to appear he has deprived himself of any opportunity of identifying a jurisdictional error today. I see no basis for granting leave to appeal. 4 The application for leave to appeal is dismissed with costs fixed at $450.00. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.