FEDERAL COURT OF AUSTRALIA
Pandikadavath v Minister for Immigration & Multicultural Affairs [2001] FCA 1569
ABDUL MAJEED PANDIKADAVATH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 589 OF 2001
DOWSETT J
22 OCTOBER 2001
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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N 589 OF 2001 |
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BETWEEN: |
ABDUL MAJEED PANDIKADAVATH APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The application for review be dismissed.
2. The applicant pay the respondent’s costs of the proceedings, including reserved costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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N 589 OF 2001 |
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BETWEEN: |
APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
1 This is an application for review, pursuant to s 476 of the Migration Act 1958 (Cth) (the “Act”). However no grounds are specified in the application. In those circumstances, the application is liable to be dismissed pursuant to Order 20 rule 2, and Order 54B rule 5. That is the appropriate course. This application is dismissed.
2 I should add for the record that I have, on a number of occasions, asked the applicant if there is anything that he wishes to say going beyond his application. He has, on each occasion, responded that he simply cannot go back to India, indicating in my view, a desire to review the decision on its merits rather than pursuant to the statutory right of review.
3 As I have said, the application should be dismissed. I order the applicant to pay the respondent’s costs of the proceedings, including reserved costs.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 6 November 2001
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The Applicant appeared In Person: |
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Counsel for the Respondent: |
Mr J D Smith |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
22 October 2001 |
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Date of Judgment: |
22 October 2001 |
