Hossain v Minister for Immigration and Multicultural Affairs

[2000] FCA 136

FEDERAL COURT OF AUSTRALIA

Hossain v Minister for Immigration & Multicultural Affairs [2000] FCA 136

FAZLUL HOSSAIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1411 OF 1999

HELY J
15 FEBRUARY 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1411 OF 1999

BETWEEN:	FAZLUL HOSSAIN 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 with costs, pursuant to Order 32 rule 2.

2.        The respondent notify the applicant 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 1411 OF 1999

BETWEEN:	FAZLUL HOSSAIN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

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

REASONS FOR JUDGMENT

1. This matter was listed for hearing this morning and the applicant has not appeared.  On 8 February last, the applicant endeavoured to file a notice of discontinuance of the proceedings which was rejected by the registry for procedural irregularity.

2. Ms Warner seeks an order under Order 32 rule 2 that the proceedings be dismissed with costs, due to the failure of the applicant to attend.  I think I should make an order to that effect and I direct that the respondent give notice to the applicant at his address for service of the orders which have been made this morning.

I certify that the preceding two (2) 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