FEDERAL COURT OF AUSTRALIA Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 1233 MOHAMMED YOUNUS KHAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N959 of 2001 MADGWICK J 20 AUGUST 2001 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N959 of 2001 BETWEEN: MOHAMMED YOUNUS KHAN APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT JUDGE: MADGWICK J DATE OF ORDER: 20 AUGUST 2001 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N959 of 2001 BETWEEN: MOHAMMED YOUNUS KHAN APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT JUDGE: MADGWICK J DATE: 20 AUGUST 2001 PLACE: SYDNEY REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter the applicant seeks the form of judicial review available in this Court in respect of an adverse decision by the Migration Review Tribunal, affirming the decision of a delegate of the respondent Minister refusing him the grant of a "student (temporary) (class TU) visa". The applicant has not appeared upon the matter being called for hearing and efforts by my Associate to contact him, on two telephone numbers that he has provided in connection with his application to the court and otherwise, have been unsuccessful. 2 On the face of it, the submissions filed by counsel for the respondent Minister appear compelling and I see no reason not to invoke the Court's powers under O 32 r 2(1)(c) of the Federal Court Rules, as the respondent asks that I do. Accordingly, I dismiss the application with costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. Associate: Dated: 3 September 2001 No appearance by the Applicant. Counsel for the Respondent: R Beech-Jones Solicitor for the Respondent: Clayton Utz Date of Hearing: 20 August 2001 Date of Judgment: 20 August 2001