Beyaz v Minister for Immigration and Multicultural Affairs

[2000] FCA 137

FEDERAL COURT OF AUSTRALIA

Beyaz v Minister for Immigration & Multicultural Affairs [2000] FCA 137

ALI PASA BEYAZ v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 37 OF 2000

HELY J
15 FEBRUARY 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 37 OF 2000

BETWEEN:	ALI PASA BEYAZ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	15 FEBRUARY 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceedings be dismissed, pursuant to Order 30 rule 5, for want of prosecution.

2.Pursuant to Order 35 rule 6, the dismissal is to be without prejudice to the right of the applicant to bring fresh proceedings.

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 37 OF 2000

BETWEEN:	ALI PASA BEYAZ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	HELY J
DATE:	15 FEBRUARY 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I have before me a motion which seeks an order that the applicant's application, filed on 14 January 2000, be summarily dismissed.

2. I am content to treat that as being an application under Order 30 rule 5, that the proceedings be dismissed for want of prosecution.  Based upon the evidence of Mr Allatt, it seems to me that the applicant has not prosecuted these proceedings with due diligence.  Rather, he has effectively abandoned them by returning to Turkey.

3. Accordingly I order that the proceedings be dismissed.  However, in the circumstances, I think I should make an order pursuant to Order 35 rule 6 that the dismissal is to be without prejudice to the right of the applicant to bring fresh proceedings.

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

Associate:

Dated:            18 February 2000

No appearance of the applicant
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	15 February 2000
Date of Judgment:	15 February 2000