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

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