Aman v Minister for Immigration and Multicultural Affairs

[2001] FCA 1214

FEDERAL COURT OF AUSTRALIA

Aman v Minister for Immigration & Multicultural Affairs [2001] FCA 1214

MOHAMMAD AMAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1080 of  2001

SACKVILLE J
SYDNEY
17 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1080 OF 2001

BETWEEN:	MOHAMMAD AMAN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	SACKVILLE J
DATE OF ORDER:	17 AUGUST 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs, excluding the respondent’s costs of the directions hearings of 3 August 2001 and 27 July 2001.

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	N1080 OF 2001

BETWEEN:	MOHAMMAD AMAN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	SACKVILLE J
DATE:	17 AUGUST 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was commenced by an application for an order of review filed on 9 July 2001.  The application does not state any grounds for the challenge to the decision of the Refugee Review Tribunal made on 27 June 2001.  It foreshadows that grounds will be provided at a later date.

2. At the first directions hearing on 27 July 2001 the applicant did not appear.  I was told on that occasion that the applicant had escaped from Villawood Immigration Detention Centre where he had been held in detention.  There was, however, no satisfactory evidence of that at that hearing nor was there satisfactory evidence at a subsequent directions hearing on 3 August 2001.  Today, the representative for the Minister has filed and read an affidavit of Mr Philip Tomkins that establishes that the applicant was one of a number of persons who escaped from Villawood Immigration Detention Centre on 19 July 2001.  Needless to say, the applicant has not appeared at today's hearing.

3. In those circumstances it is appropriate for the application to be dismissed pursuant to Federal Court Rules O 10 r 3(2), and I so dismiss it.

4. I will further order the applicant to pay the costs of the Minister excluding the costs of the last two directions hearings prior to today.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville.

Associate:

Dated:             30 August 2001

The Applicant was unrepresented.

Counsel for the Respondent:	Ms Goodman
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	17 August 2001
Date of Judgment:	17 August 2001