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[2000] FCA 137
Federal Court of Australia
2000-02-15
Hely J
Original judgment source is linked above.
Beyaz v Minister for Immigration & Multicultural Affairs [2000] FCA 137 ALI PASA BEYAZ v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 37 OF 2000 HELY J 15 FEBRUARY 2000 SYDNEY
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
THE COURT ORDERS THAT: 1. The proceedings be dismissed, pursuant to Order 30 rule 5, for want of prosecution. 2. Pursuant to Order 35 rule 6, the dismissal is to be without prejudice to the right of the applicant to bring fresh proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
REASONS FOR JUDGMENT 1 I have before me a motion which seeks an order that the applicant's application, filed on 14 January 2000, be summarily dismissed. 2 I am content to treat that as being an application under Order 30 rule 5, that the proceedings be dismissed for want of prosecution. Based upon the evidence of Mr Allatt, it seems to me that the applicant has not prosecuted these proceedings with due diligence. Rather, he has effectively abandoned them by returning to Turkey. 3 Accordingly I order that the proceedings be dismissed. However, in the circumstances, I think I should make an order pursuant to Order 35 rule 6 that the dismissal is to be without prejudice to the right of the applicant to bring fresh proceedings. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.
Solicitor for the Respondent: Australian Government Solicitor
Beyaz
Minister for Immigration & Multicultural Affairs