Pandikadavath v Minister for Immigration and Multicultural Affairs

[2001] FCA 1569

FEDERAL COURT OF AUSTRALIA

Pandikadavath v Minister for Immigration & Multicultural Affairs [2001] FCA 1569

ABDUL MAJEED PANDIKADAVATH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 589 OF 2001

DOWSETT J
22 OCTOBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 589 OF 2001

BETWEEN:	ABDUL MAJEED PANDIKADAVATH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	DOWSETT J
DATE OF ORDER:	22 OCTOBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for review be dismissed.

2.The applicant pay the respondent’s costs of the proceedings, including reserved 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	N 589 OF 2001

BETWEEN:	ABDUL MAJEED PANDIKADAVATH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	DOWSETT J
DATE:	22 OCTOBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for review, pursuant to s 476 of the Migration Act 1958 (Cth) (the “Act”). However no grounds are specified in the application. In those circumstances, the application is liable to be dismissed pursuant to Order 20 rule 2, and Order 54B rule 5. That is the appropriate course. This application is dismissed.

2. I should add for the record that I have, on a number of occasions, asked the applicant if there is anything that he wishes to say going beyond his application.  He has, on each occasion, responded that he simply cannot go back to India, indicating in my view, a desire to review the decision on its merits rather than pursuant to the statutory right of review.

3. As I have said, the application should be dismissed.  I order the applicant to pay the respondent’s costs of the proceedings, including reserved costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:             6 November 2001

The Applicant appeared In Person:
Counsel for the Respondent:	Mr J D Smith
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	22 October 2001
Date of Judgment:	22 October 2001