Ali v Minister for Immigration and Multicultural Affairs

[2000] FCA 1835

FEDERAL COURT OF AUSTRALIA

Ali v Minister for Immigration & Multicultural Affairs [2000] FCA 1835

MOHAMMAD ABID ALI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 840 of 2000

BRANSON J
SYDNEY
7 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 840 of 2000

BETWEEN:	MOHAMMAD ABID ALI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	BRANSON J
DATE OF ORDER:	7 DECEMBER 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The applicant pay the costs of the respondent.

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		N 840 of 2000
BETWEEN:	MOHAMMAD ABID ALI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	BRANSON J
DATE:	7 DECEMBER 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the Court was provided before today’s scheduled hearing with a document purporting to be a written consent of the parties to the application being dismissed, and an order being made that the applicant pay the respondent’s costs.  The document is signed in the name of M M Hossain and not in the name used by the applicant in commencing this proceeding.  I note, however, that the Tribunal found that the applicant had travelled to Australia on a Bangladeshi passport issued in the name of Mohammad Monwar Hossain and that he was, in fact, Mohammad Monwar Hossain.

2. I did not direct a Registrar to draw up an order in terms of the consent but rather had the parties informed that I wished to deal with the matter in open court.

3. There has been no appearance by or on behalf of the applicant today.  Having read the affidavit filed in court, signed by the solicitor for the respondent, which deposes to telephone conversations between himself and the migration agents of the applicant, I am satisfied that the applicant does not wish to press his current application.  The order of the Court is that the application be dismissed pursuant to O 32 r 2(c) of the Federal Court Rules.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:   14 December 2000

No appearance for applicant.
Counsel for the Respondent:	Mr Z Chami
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	7 December 2000
Date of Judgment:	7 December 2000