Khan v Migration Agent Registration Authority

[2006] FCA 47

FEDERAL COURT OF AUSTRALIA

Khan v Migration Agent Registration Authority [2006] FCA 47

PRACTICE AND PROCEDURE –- no point of principle

SHER AFZAL KHAN V MIGRATION AGENT REGISTRATION AUTHORITY
NSD 1164 OF 2005

MOORE J
1 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1164 OF 2005

BETWEEN:	SHER AFZAL KHAN APPLICANT
AND:	MIGRATION AGENT REGISTRATION AUTHORITY RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	1 FEBRUARY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application to set aside the orders made on 27 July 2005 be 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	NSD 1164 OF 2005

BETWEEN:	SHER AFZAL KHAN APPLICANT
AND:	MIGRATION AGENT REGISTRATION AUTHORITY RESPONDENT

JUDGE:	MOORE J
DATE:	1 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application to set aside orders made by me on 27 July 2005 dismissing the appeal brought by the applicant.

2. The respondent submitted that this Court has no power to set aside those orders.  I doubt that is so and I am prepared to assume that the Court does have the power.  In any event, having regard to the history of the matter and the non-appearance of Mr Khan on several occasions, including today, and for the reasons given by Mr Markus, the appropriate order is to dismiss the application with costs.

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

Associate:

Dated:            14 February 2006

Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	1 February 2006
Date of Judgment:	1 February 2006