Bian Ya Xu v Minister for Immigration and Multicultural Affairs

[2001] FCA 720

FEDERAL COURT OF AUSTRALIA

Bian Ya Xu v Minister for Immigration & Multicultural Affairs [2001] FCA 720

Bian Ya Xu v Minister for Immigration & Multicultural Affairs

N203 of 2001

MOORE J
5 JUNE 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 203 OF 2001

BETWEEN:	BIAN YA XU APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	5 JUNE 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The application is dismissed

2.   The applicant pay the respondent’s costs

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 203 OF 2001

BETWEEN:	BIAN YA XU APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	5 JUNE 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MOORE J

1. This is an application for judicial review of a decision of the Refugee Review Tribunal of 30 January 2001. This matter was fixed for hearing today, 5 June 2001 at 2.15 at a directions hearing on 10 April 2001.  The applicant then appeared in person assisted by an interpreter.  My recollection is that she was informed and understood that the hearing would take place at the time and date then determined.  There has been no appearance by the applicant and the matter has been called.  Counsel for the Minister seeks an order that the application be dismissed under O 32 r 2(1)(c).  Having regard to the matters just mentioned and also to the fact that the application does not, in terms, appear to raise an issue of substance, I propose to make the order sought.  Accordingly, I order that the application be dismissed and the applicant pay the respondent’s costs.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:             13 June 2001

The applicant did not appear.

Counsel for the Respondent:	Stephen Lloyd
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	5 June 2001
Date of Judgment:	5 June 2001