Applicant S208 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs

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.

NEW SOUTH WALES DISTRICT REGISTRY NSD 2299 of 2005

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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.

Associate: Dated: 13 December 2005 The Applicant did not appear.

Solicitor for the Respondent: Mr A Markus of Australian Government Solicitor