Islam v Minister for Immigration & Multicultural Affairs [2001] FCA 1419 (2 October 2001)

Last Updated: 15 October 2001

FEDERAL COURT OF AUSTRALIA

Islam v Minister for Immigration & Multicultural Affairs [2001] FCA 1419

MOHAMMED NURUL ISLAM v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 12 OF 2001

TAMBERLIN J

SYDNEY

2 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N12 OF 2001

BETWEEN:	MOHAMMED NURUL ISLAM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE OF ORDER:	2 OCTOBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the applicant to discontinue the proceedings.

2. The applicant pay the respondent's costs of the application.

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	N12 OF 2001

BETWEEN:	MOHAMMED NURUL ISLAM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	2 OCTOBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 In this matter the parties are in agreement that the matter is to be discontinued and I grant leave to the applicant to discontinue the proceedings.

2 A question has arisen in relation to costs. The normal rule is that costs follow the outcome. In this case the outcome is in favour of the Minister. The applicant says, and I accept, that he may well be unable to pay the costs but, in the circumstances, I think that the appropriate order is that there be an order for costs. It is a matter for the Minister as to the feasibility of pursuing this application any further insofar as the question of costs is concerned.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated: 11 October 2001

The applicant appeared in person
Solicitor for the Respondent:	Rohan White Sparke Helmore
Date of Hearing:	2 October 2001
Date of Judgment:	2 October 2001