Suleyman v Minister for Immigration & Multicultural Affairs [2000] FCA 1540

FEDERAL COURT OF AUSTRALIA

Suleyman v Minister for Immigration & Multicultural Affairs

[2000] FCA 1540

ZAKARIYA SULEYMAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 547 OF 2000 BEAUMONT, NORTH and GYLES JJ SYDNEY 23 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 547 OF 2000

AN APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: ZAKARIYA SULEYMAN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT, NORTH and GYLES JJ

DATE OF ORDER: 23 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Appeal dismissed. 2. Appellant pay the respondent's costs of the appeal and of the motion for adjournment. 3. No order as to costs of the respondent's motion for dismissal. 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 547 OF 2000

AN APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: ZAKARIYA SULEYMAN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT, NORTH and GYLES JJ

DATE: 23 AUGUST 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT

GYLES J: 1 On 12 May last, Mathews J dismissed an application by Zakariya Harun Suleyman (Farah) ("the appellant") for review of a decision of the Refugee Review Tribunal ("the Tribunal") which affirmed a decision of the Minister for Immigration and Multicultural Affairs' delegate to cancel the applicant's protection visa pursuant to s 109 of the Migration Act 1958 (Cth) ("the Act"). 2 On 25 May last, the appellant filed a notice of appeal raising three grounds and grounds one to three will be set out in the judgment. After filing the notice of appeal, the appellant attended a callover before Beaumont J on 7 June. On 26 June he failed to attend the appointment to settle the appeal papers before the Registrar. 3 The appellant attended a further appointment to settle the appeal papers, which was listed for 13 July and, at that time, an appeal book index was settled, despite the appellant not having filed a draft index. The Registrar provided the appellant with copies of guidelines for preparation of appeal books and a precedent to assist him. The Registrar directed that a settled index be filed by 18 July 2000 and that the appeal books be filed and served by 4 August 2000. No appeal books have been filed. 4 At a directions hearing in this matter on 14 August 2000, the appellant said words to the following effect: "I do not have the resources to do the appeal books and I have been too sick to prepare them. I want the hearing delayed for at least six weeks. I have a medical certificate." 5 The respondent, the Minister for Immigration & Multicultural Affairs, filed a notice of motion on 13 July 2000 for dismissal of the appeal for want of prosecution and on the basis that the proceeding is an abuse of the process of the court. On 14 August, the appellant filed the notice of motion for an adjournment of the appeal. His affidavit in support of that application said: "This is to inform the court that I am currently ill taking medication for flu and asthma. Due to this illness, I am unable to prepare, present and make submissions for this hearing. I request the court delay hearing this matter for at least six weeks." and with the papers there is a medical certificate as to the applicant suffering from asthma and something else I cannot read, and which stated the applicant was unfit to work from 10 August to 24 August.