Khan v Minister for Immigration and Multicultural Affairs

[2001] FCA 1233

FEDERAL COURT OF AUSTRALIA

Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 1233

MOHAMMED YOUNUS KHAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N959 of 2001

MADGWICK J
20 AUGUST 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N959 of 2001

BETWEEN:	MOHAMMED YOUNUS KHAN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE OF ORDER:	20 AUGUST 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N959 of 2001

BETWEEN:	MOHAMMED YOUNUS KHAN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MADGWICK J
DATE:	20 AUGUST 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. In this matter the applicant seeks the form of judicial review available in this Court in respect of an adverse decision by the Migration Review Tribunal, affirming the decision of a delegate of the respondent Minister refusing him the grant of a “student (temporary) (class TU) visa”.  The applicant has not appeared upon the matter being called for hearing and efforts by my Associate to contact him, on two telephone numbers that he has provided in connection with his application to the court and otherwise, have been unsuccessful.

2. On the face of it, the submissions filed by counsel for the respondent Minister appear compelling and I see no reason not to invoke the Court’s powers under O 32 r 2(1)(c) of the Federal Court Rules, as the respondent asks that I do.  Accordingly, I 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 Madgwick.

Associate:

Dated:             3 September 2001

No appearance by the Applicant.
Counsel for the Respondent:	R Beech-Jones
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	20 August 2001
Date of Judgment:	20 August 2001