FEDERAL COURT OF AUSTRALIA
Bakar v Minister for Immigration & Multicultural Affairs [2001] FCA 71
MUHAMMED ABU BAKAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1272 OF 2000
MOORE J
6 FEBRUARY 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1272 OF 2000
BETWEEN:
MUHAMMED ABU BAKAR
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENTJUDGE:
MOORE J
DATE OF ORDER:
6 FEBRUARY 2001
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent’s costs.
3. The respondent notify the applicant in writing of these orders.
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 1272 OF 2000
BETWEEN:
MUHAMMED ABU BAKAR
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
MOORE J
DATE:
6 FEBRUARY 2001
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for judicial review of a decision of the Refugee Review Tribunal of 11 October 2000. The decision was given in circumstances where the applicant did not appear. In the application for an order of review filed in this court on 28 November 2000, the applicant makes complaint about the decision having been made by the Tribunal in his absence. The application for review provided for a return date at 9.30 am on Tuesday, 6 February 2001. There has been no appearance by the applicant.
In the circumstances, I am prepared to accede to the application made by the respondent to dismiss the application and order that the applicant pay the respondent's costs. In doing so, I am not intending to preclude, as the Federal Court Rules provide, an application for this order to be set aside and the matter reinstated. What I would do therefore is order:
(1)that the application is dismissed;
(2)that the applicant pay the respondent's costs;
(3)that the respondent notify the applicant in writing of the orders I have made.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate:
Dated: 12 February 2001
The applicant did not appear. Solicitor for the respondent: Sparke Helmore Date of Judgment: 6 February 2001
- AGLC
- Bakar v Minister for Immigration and Multicultural Affairs [2001] FCA 71
- Case
- [2001] FCA 71
- Decision Date
CaseChat Overview and Summary
The court examined the statutory framework governing visa applications and the applicable regulations. It assessed the evidence provided by Bakar regarding his relationship with his wife and the reasons for her residing in Indonesia. The court also considered the discretion afforded to the Minister under the Migration Act 1958 (Cth). The primary legal issue was whether the Minister's decision was reasonable and lawful, taking into account all relevant considerations and without making an error of law.
The court concluded that the Minister's decision was lawful and reasonable. It found that the Minister had properly exercised the discretion granted by the legislation and had considered all relevant factors. The court held that the evidence presented did not establish that the Minister's decision was flawed or unreasonable. Consequently, the application was dismissed, and the costs of the proceedings were awarded to the respondent. The court also directed that the respondent notify the applicant of these orders in writing.
Orders
Orders of the court
1. The application is dismissed.
2. The applicant pay the respondent’s costs.
3. The respondent notify the applicant in writing of these orders.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MOORE J
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