Hossain v Minister for Immigration & Multicultural Affairs [2000] FCA 136
Federal Court of Australia
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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
Solicitor for the Respondent: Australian Government Solicitor
Date of Hearing: 15 February 2000
Date of Judgment: 15 February 2000