Niaz v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1003

FEDERAL COURT OF AUSTRALIA

Niaz v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1003

MUHAMMAD ARSHAD NIAZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 165 of 2004

ALLSOP J
2 AUGUST 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 165 of 2004

BETWEEN:	MUHAMMAD ARSHAD NIAZ APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	2 AUGUST 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed for the non-attendance of the applicant at this directions hearing pursuant to Order 10 rule 3 (2) of the Federal Court Rules.

2.The applicant pay the respondent's costs to date.

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 165 of 2004

BETWEEN:	MUHAMMAD ARSHAD NIAZ APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	2 AUGUST 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. There is no appearance by the applicant at this directions hearing.  The matter was listed for hearing on the afternoon of 9 September 2004.  A perusal of the file will reveal that Mr Levingston, solicitor, has made a number of attempts to contact his client and on the basis of an inability to obtain any instructions has sought to cease to act, in respect of which application he has been given leave.

2. The affidavit of Ms Watson indicates that the applicant has left the country without an ability to return.  The applicant was given notice of today's directions hearing by the respondent solicitors and was given notice that there would be an application to have the matter dismissed if he did not appear.  That notice went by registered post to the last known address of the applicant.

3. In all the circumstances, I do not see why the respondent should be put to any further costs in this matter.  If the applicant wishes in the fullness of time to renew any steps to activate these proceedings he can do so by seeking to set aside these orders made in his absence. 

4. In all the circumstances I think it appropriate under Order 10 rule 3 (2) to dismiss the application for the non-attendance of the applicant at this directions hearing.

5. I order that the applicant pay the respondent's costs to date.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:             3 August 2004

Solicitor for the Applicant:	Christopher Levingston & Associates
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	2 August 2004
Date of Judgment:	2 August 2004