Ghannumi v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 885

FEDERAL COURT OF AUSTRALIA

Ghannumi v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 885

MIGRATION – No appearance by applicant – application dismissed

MOHAMAD GHANNUMI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 415 of 2002

TAMBERLIN J
SYDNEY
17 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 415 OF 2002

BETWEEN:	MOHAMAD GHANNUMI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	17 JUNE 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application is dismissed.

2.        The applicant pay the respondent’s 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	N 415 OF 2002

BETWEEN:	MOHAMAD GHANNUMI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	17 JUNE 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the applicant for review has not appeared on two occasions.  I have considered the application file together with an affidavit of Mr White, solicitor acting for the respondent, dated 14 June 2002 and the documents attached to that affidavit.  I am satisfied that this is a case where I should make an order under O 10 r 3(2) of the Federal Court Rules dismissing the application and accordingly I order that the application be dismissed.  It follows that the applicant should pay the costs of the respondent of and relating to this application.

2. I do mention, however, the provisions of O 35 r 7 of the Federal Court Rules which give the Court power, if an appropriate case is shown, to vary or set aside a judgment where the order has been made in the absence of a party.  However, for this rule to come into operation it will normally be the case that the applicant will have to persuade the Court that there are reasonable grounds on which the judgment should be set aside, before leave under this provision can be granted.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            17 July 2002

No appearance by the Applicant.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	17 June 2002
Date of Judgment:	17 June 2002