FEDERAL COURT OF AUSTRALIA

Alshams v Minister for Immigration and Multicultural

Affairs  [2001] FCA 665

MAQSOOD ATAUL KABIR ALSHAMS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1123 of 2000

WILCOX J

31 JANUARY 2001

SYDNEY

THE COURT ORDERS THAT:

1.                  The application be dismissed with costs.

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

REASONS FOR JUDGMENT

WILCOX J:

1                     I note that the applicant does not appear.  I also record, as Mr Beech-Jones has just mentioned, on Monday my associate received a telephone call from Mr Alshams in which Mr Alshams said that he was ill and wanted an adjournment.  My associate informed him that he should obtain a medical certificate and contact the Australian Government Solicitor or alternatively forward the medical certificate to the court.  Apparently he has done neither of those things and there is therefore nothing before me to indicate that in truth Mr Alshams is ill.  No explanation has been given for his non-attendance today.  Under those circumstances I think it is appropriate to accede to the respondent's application that the application be dismissed.

2                     The order I make is that the application be dismissed and that the applicant pay the respondent's costs.

Associate:        

Dated:              31 January 2001