Khakasar v Minister for Immigration and Multicultural Affairs

[1999] FCA 1588

FEDERAL COURT OF AUSTRALIA

Khakasar v Minister for Immigration & Multicultural Affairs
[1999] FCA 1588

KHAN MOHAMMAD KHAKASAR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 1019 OF 1999

GYLES J
SYDNEY
10 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1019 OF 1999

BETWEEN:	KHAN MOHAMMAD KHAKASAR Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:	GYLES J
DATE OF ORDER:	10 NOVEMBER 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the costs of the respondent.

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 1019 OF 1999

BETWEEN:	KHAN MOHAMMAD KHAKASAR Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	GYLES J
DATE:	10 NOVEMBER 1999
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter the applicant, Khan Mohammad Khakasar, filed an application dated 9 September 1999 for an order of review of a decision of the Refugee Review Tribunal made on 7 September 1999.  The applicant was then, and still is, in custody.  Apart from identifying the order, the only grounds or further information provided in the application was the statement “Details will be sent at a later date”. 

2. The matter came before the Court for the first time on 23 September 1999 when it was adjourned, by consent, for one week to enable the applicant to seek an interpreter and also consult Legal Aid.

3. The matter came before the Court again on 30 September 1999.  On that occasion, the Court ordered that the applicant file and serve an amended application, with a statement of particulars and any affidavit material upon which he would rely, on or before 25 October 1999.  He was also ordered to file and serve written submissions seven working days prior to the hearing date.

4. The evidence from the relevant solicitor of the Australian Government Solicitor is that letters were written on 1 October 1999 and 27 October 1999 reminding the applicant of his obligations, and, in the latter letter, making it clear that an application would be made to the Court seeking dismissal of the application, with costs, by reason of the failure to comply with the rules and orders of the Court.  The only response was a handwritten document which is exhibit A in the proceedings, which does not relate to the application itself and would barely answer the description of submissions. 

5. The transcript will record what has taken place before me today, including the evidence given by the applicant, the substance of which is that he does not speak English and that he was told at the detention centre that he need not worry too much about the requirements of the Court. 

6. The net result is that I do not have any application before me which discloses any basis, let alone any reasonable basis, for the application.  There is simply no satisfactory explanation for that and it is, in my opinion, an appropriate case to exercise the power provided for by Order 20, rule 2 of the Federal Court Rules read in conjunction with Order 54B, rule 5.  I propose to dismiss the application with costs.

7. Before doing so, however, I should say that not only has this applicant's failure to make any effort to comply with the rules of the Court and directions of the Court led to the waste of the Court's time on three occasions, it has no doubt occasioned expense to the public purse which will not be recovered so far as those representing the Minister are concerned.  Furthermore, and just as importantly, it has meant that other litigants, including other litigants perhaps in custody as he is, have been prevented from utilising the time of the Court today.

8. I dismiss the application and order that the applicant pay the costs of the respondent.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:             17 November 1999

The applicant represented himself.
Counsel for the Respondent:	Ms SM McNaughton
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	10 November 1999
Date of Judgment:	10 November 1999