FEDERAL COURT OF AUSTRALIA

Bakar v Minister for Immigration & Multicultural Affairs [2001] FCA 71

MUHAMMED ABU BAKAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1272 OF 2000

MOORE J

6 FEBRUARY 2001

SYDNEY

THE COURT ORDERS THAT:

1.      The application is dismissed.

2.      The applicant pay the respondent’s costs.

3.      The respondent notify the applicant in writing of these orders.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     This is an application for judicial review of a decision of the Refugee Review Tribunal of 11 October 2000.  The decision was given in circumstances where the applicant did not appear.  In the application for an order of review filed in this court on 28 November 2000, the applicant makes complaint about the decision having been made by the Tribunal in his absence.  The application for review provided for a return date at 9.30 am on Tuesday, 6 February 2001.  There has been no appearance by the applicant.

2                     In the circumstances, I am prepared to accede to the application made by the respondent to dismiss the application and order that the applicant pay the respondent's costs.  In doing so, I am not intending to preclude, as the Federal Court Rules provide, an application for this order to be set aside and the matter reinstated.  What I would do therefore is order:

(1)        that the application is dismissed;

(2)        that the applicant pay the respondent's costs;

(3)        that the respondent notify the applicant in writing of the orders I have made.

Associate:

Dated:              12 February 2001