Rahman v Minister for IMMGRATION

[2012] FMCA 713

FEDERAL MAGISTRATES COURT OF AUSTRALIA

RAHMAN & ANOR v MINISTER FOR IMMGRATION & ANOR [2012] FMCA 713

MIGRATION – Discontinuance – where no appearance.

First Applicant: MOHAMAD HAFIZAR RAHMAN

Second Applicant: MUNMUN JAHAN

First Respondent: MINISTER FOR IMMGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1435 of 2012

Judgment of: Raphael FM

Hearing date: 2 August 2012

Date of Last Submission: 2 August 2012

Delivered at: Sydney

Delivered on: 2 August 2012

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondents: Australian Government Solicitor

ORDERS

1. Proceedings be discontinued.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $1,167.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 1435 of 2012

MOHAMAD HAFIZAR RAHMAN

First Applicant

MUNMUN JAHAN

Second Applicant

And

MINISTER FOR IMMGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, which is an application for a review of a decision of the Migration Review Tribunal concerning a decision not to grant a Student (Temporary) (Class TU) visa, to the first named applicant and a complementary visa to the second named applicant, his spouse, the court received from the respondents a document headed in the action and entitled Withdrawl (sic) application.

2. It states:

   “I am the Applicant in this proceeding.  I like to withdraw my case due to an unavoidable circumstance.  Particularly unable to engage any lawyer or barrister because of financial hardship.  I therefore request you to please consider the above and take an action to discontinue the appeal with Federal Magistrates Court.”

   It is signed by Mr Rahman.

3. The court would be prepared to accept this document as a notice of discontinuance but it does not make any mention of the second respondent and therefore I requested the respondents to appear today.  The matter was called outside the court and there was no response from either the first or second applicant.  I assume that both intend to discontinue the proceeding and I make an order that the proceedings be discontinued.  The respondent requests payment of his costs which I assess in the sum of $1,617.00.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date:  15 August 2012