Mubarak, Osama v Minister for Immigration & Multicultural Affairs [1998] FCA 1630

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 805 of 1998

BETWEEN: OSAMA MUBARAK

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: LINDGREN J

DATE: 8 DECEMBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT (ex tempore) The applicant, who appears unrepresented, appeals from a decision of the Administrative Appeals Tribunal ("the Tribunal") given on 9 July 1998 which affirmed a decision of a delegate of the respondent Minister under s 200 of the Migration Act 1958 (Cth) to deport the applicant. In his notice of appeal, the applicant specifies the "question of law" as "deportation from Australia" and the "orders sought" as "staying in Australia on humanitarian grounds". The applicant told me that he was awaiting travel documents so that he could "make departure from Australia". He applied for an adjournment of the hearing. I refused that application on the ground that the proceeding was futile since the applicant did not raise any question of law affecting the Tribunal's decision: see s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). It seems clear that what the applicant seeks is some kind of indulgence from the Department of Immigration and Multicultural Affairs in relation to his obtaining a visa to enable him to enter another country. I should add that I have read carefully the Tribunal's Reasons for Decision and no question of law arising from them is obvious to me. The Court orders that: (1) The application be dismissed. (2) The applicant pay the respondent's costs.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren

Associate: Dated: 8 December 1998

The applicant appeared in person Counsel for the Respondent: Mr R Beech-Jones