Saha v Minister for Immigration & Multicultural Affairs

[1999] FCA 1808

FEDERAL COURT OF AUSTRALIA

Saha v Minister for Immigration & Multicultural Affairs [1999] FCA 1808

PANKAJ SAHA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1049 OF 1999

EMMETT J
17 DECEMBER 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1049 OF 1999

BETWEEN:	PANKAJ SAHA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	17 DECEMBER 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application 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	N 1049 OF 1999

BETWEEN:	PANKAJ SAHA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	EMMETT J
DATE:	17 DECEMBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 15 September 1999, the applicant filed an application for an order of review in accordance with Orders 54 and 54B of the Rules.  On 29 October 1999, the matter came before me for directions.  The applicant was present in court on that day and I fixed the matter for hearing on 23 November 1999.

2. On 18 November 1999, my chambers received a communication from the applicant indicating his inability to attend the final hearing on 23 November 1999.  A medical certificate was attached to the letter.  I vacated the hearing and fixed the matter for directions on 3 December 1999 for the purposes of setting a new hearing date.

3. On 30 November 1999, my chambers received a further communication from the applicant, indicating that he wished to “withdraw the matter”.  He said that he had approached a firm of solicitors, who quoted a fee to him that he could not afford.  He requested that the application be dismissed without any order as to costs.  My associate wrote to the applicant on 1 December 1999, indicating that the matter would be listed for directions today, 17 December 1999.  The applicant was informed that any arguments that he wished to put in support of his request that no costs be awarded should be made in court on that day.

4. Yesterday, my chambers received a further communication from the applicant indicating that he had been to further law firms, but could not afford them.  He said that he was not competent to place his case before the court.  He therefore again requested that his case may be withdrawn without cost. 

5. There has been no appearance for the applicant today.  The Minister asks that the application be dismissed with costs.  In the absence of any argument as to why the normal order should be dispensed with, I order the application be dismissed and that the applicant pay the respondent’s costs.

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

Associate:

Dated:            20 December 1999

There was no appearance by the applicant.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	17 December1999
Date of Judgment:	17 December 1999