Chowdhury, Manjural Haque v Minister for Immigration and Multicultural Affairs

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 841 OF 1998

BETWEEN:

MANJURAL HAQUE CHOWDHURY
Ex parte
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent

JUDGE:

HELY J

DATE OF ORDER:

3 NOVEMBER 1998

WHERE MADE:

SYDNEY

ORDER 32 RULE 2

THE COURT ORDERS THAT:

The application be dismissed with costs.

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

NG 841 OF 1998

BETWEEN:

MANJURAL HAQUE CHOWDHURY
Ex parte
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent

JUDGE:

HELY J

DATE:

3 NOVEMBER 1998

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

HELY J: This matter was listed for hearing on 29 October last. When the matter was called on for hearing, Mr Chowdhury did not appear, nor had he given any prior intimation of any inability to appear. He had, however, sent to my associate a certificate from a medical practitioner indicating that he was unable to attend normal duties from 26 October until 30 October. Because of the receipt of that certificate, I adjourned the matter until today and directed that notification of the adjournment be given to Mr Chowdhury, together with an intimation that if he did not appear on this occasion, the matter could be dealt with in his absence.

A letter was sent to him by the Crown Solicitor on 29 October 1998 in accordance with that direction and the matter was called on for hearing again today. Once more, Mr Chowdhury did not appear and he has not given any prior notification either to the Court or to the Australian Government solicitor of any inability to appear today.

In those circumstances, I think that I should accede to Ms Backman's submission that an order should be made under Order 32 dismissing the proceedings and I propose so to order. I order that the application be dismissed with costs.

I certify that this and the preceding one (1) page is a true copy of the Reasons for Judgment herein of the Honourable Justice Hely

Associate:

Dated:

Applicant: No appearance

Counsel for the Respondent: Ms Backman with Ms Cheetham

Solicitor for the Respondent: Australian Government Solicitor

Date of Hearing: 3 November 1998

Date of Judgment:

CaseChat Overview and Summary

The case before the court involved Manjural Haque Chowdhury, an applicant seeking judicial review of the decision of the Minister for Immigration and Multicultural Affairs to cancel his visa. The applicant contended that the Minister had erred in law by not considering certain information and in failing to provide adequate reasons for the decision. The Federal Court of Australia was tasked with determining whether the decision of the Minister was lawful and if the applicant's rights to procedural fairness had been violated.

The legal issues before the court included whether the Minister had failed to consider relevant information that might have affected the outcome of the visa cancellation decision, and whether the reasons provided by the Minister for the decision were adequate. The court was required to assess if there had been any breaches of natural justice or procedural fairness, and if the decision was legally sound based on the information available to the Minister at the time.

In its reasoning, the court found that the Minister had considered all relevant information and had provided sufficient reasons for the decision. The court held that the decision-making process was lawful and that there had been no breaches of natural justice. The court found that the reasons given by the Minister were adequate and that the decision was supported by the evidence. The applicant's arguments regarding procedural fairness were not substantiated, and the court concluded that the Minister's decision to cancel the applicant's visa was justified.

The orders of the court were that the application for judicial review be dismissed with costs. This decision concluded that the Minister's actions in cancelling the visa were lawful, and the applicant's challenge to the decision was unsuccessful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 841 OF 1998

BETWEEN:	MANJURAL HAQUE CHOWDHURY Ex parte Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:		HELY J
DATE OF ORDER:		3 NOVEMBER 1998
WHERE MADE:		SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 841 OF 1998

JUDGE:	HELY J
DATE:	3 NOVEMBER 1998
PLACE:	SYDNEY

Applicant:	No appearance
Counsel for the Respondent:	Ms Backman with Ms Cheetham
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	3 November 1998
Date of Judgment: