FEDERAL COURT OF AUSTRALIA

 

Hossain v Minister for Immigration & Multicultural Affairs [2000] FCA 136


FAZLUL HOSSAIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

 

N 1411 OF 1999

 

 

 

HELY J

15 FEBRUARY 2000

SYDNEY



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 1411 OF 1999

 

BETWEEN:

FAZLUL HOSSAIN

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

 

JUDGE:

HELY J

DATE OF ORDER:

15 FEBRUARY 2000

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

1.                  The proceedings be dismissed with costs, pursuant to Order 32 rule 2.

2.         The respondent notify the applicant of these orders.


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 1411 OF 1999

 

BETWEEN:

FAZLUL HOSSAIN

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

 

 

JUDGE:

HELY J

DATE:

15 FEBRUARY 2000

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     This matter was listed for hearing this morning and the applicant has not appeared.  On 8 February last, the applicant endeavoured to file a notice of discontinuance of the proceedings which was rejected by the registry for procedural irregularity.

2                     Ms Warner seeks an order under Order 32 rule 2 that the proceedings be dismissed with costs, due to the failure of the applicant to attend.  I think I should make an order to that effect and I direct that the respondent give notice to the applicant at his address for service of the orders which have been made this morning.


I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.



Associate:


Dated:              18 February 2000




No appearance of the applicant



Solicitor for the Respondent:

Australian Government Solicitor



Date of Hearing:

15 February 2000



Date of Judgment:

15 February 2000