Aurongjeb v Minister for Immigration and Multicultural Affairs

[2000] FCA 527

FEDERAL COURT OF AUSTRALIA

Aurongjeb v Minister for Immigration & Multicultural Affairs [2000] FCA 527

MOHAMMED AURONGJEB v
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 961 of 1999

TAMBERLIN J
17 APRIL 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 961 OF 1999

BETWEEN:	MOHAMMED AURONGJEB APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	17 APRIL 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed with costs.

2.The respondent is to serve a copy of these reasons and orders on the applicant by sending them to his last known place of abode.

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 961 OF 1999

BETWEEN:	MOHAMMED AURONGJEB APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	17 APRIL 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. When this matter was called on for hearing the applicant did not appear.  Having regard to what has been said from the bar table, and having examined the relevant documents, I am satisfied that this is a case where the applicant has not proceeded with the application and every indication is that he does not intend to pursue the application.  However, I consider that the appropriate order should be made under O 32 r 2 on the basis that the proceeding has been called on for trial and the applicant is absent and therefore I will dismiss the proceeding.  I can see no reason why I ought not order that the applicant pay the respondent's costs, although this may be an academic order in the circumstances.

2. I note also that under O 35 r 7, where the Court is exercising original jurisdiction it may set aside a judgment or order after it has been entered where the order has been made in the absence of a party, whether or not the absent party is in default of appearance or otherwise in default, and whether or not the absent party had notice of the motion for the order.

3. Accordingly, I make the orders which I have indicated, namely, that the appeal be dismissed with costs.  I also direct the respondent to send a copy of these brief reasons and the orders to the last known address of the applicant.  If he receives notice of that correspondence he will be aware of his right to apply for an order pursuant to O 35, r 7, if this is an appropriate case, to set aside this judgment which has been made in his absence.  I emphasise that it will be necessary for him to establish a proper case and sound reasons for basing such an application.

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

Associate:

Dated:            20 April 2000

Counsel for the Applicant:	No appearance
Counsel for the Respondent:	T Reilly
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	17 April 2000
Date of Judgment:	17 April 2000