Masud v Minister for Immigration & Multicultural Affairs [2001] FCA 1485

FEDERAL COURT OF AUSTRALIA

Masud v Minister for Immigration & Multicultural Affairs [2001] FCA 1485

MOHAMMAD MASUD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 167 of 2001 WHITLAM J 23 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N167 of 2001

BETWEEN: MOHAMMAD MASUD

APPLICANT

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 23 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The applicant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N167 of 2001

BETWEEN: MOHAMMAD MASUD

APPLICANT

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WHITLAM J

DATE: 23 MAY 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This matter was listed for hearing today. The applicant did not appear. The explanation for his failure to appear emerges from a letter dated 15 May 2001, sent to the Deputy District Registrar of the Court, in which he indicated that he wished to discontinue the proceeding. The Deputy District Registrar indicated, by letter dated 16 May 2001, that the applicant should file a notice of discontinuance if he wished to discontinue but that, under the Federal Court Rules, cost consequences may follow. No notice of discontinuance has been filed today. 2 It appears therefore that the applicant has abandoned his case and there is no utility in adjourning the matter to a further date, in order to seek some other explanation for his non-appearance today. In all of the circumstances, it is appropriate that the application be dismissed. Mr Justin Smith, who appears for the respondent, asks for costs. Again, it is appropriate that that order be made. 3 Accordingly, I order that the application be dismissed and the applicant pay the