Cheau Yan Tang v Minister for Immigration and Multicultural Affairs

[2001] FCA 798

FEDERAL COURT OF AUSTRALIA

Cheau Yan Tang v Minister for Immigration and Multicultural Affairs
[2001] FCA 798

CHEAU YAN TANG V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 227 OF 2001

MOORE J

14 JUNE 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 227 OF 2001

BETWEEN:	CHEAU YAN TANG APPLICANT
AND:	MINISTER FOR IMMIGRAION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	14 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 227 OF 2001

BETWEEN:	CHEAU YAN TANG APPLICANT
AND:	MINISTER FOR IMMIGRAION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	14 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 affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs (“the Minister”) to refuse to grant the applicant a protection visa.  The application was filed on 12 March 2001 and identified, on its face, there would be a directions hearing at 9.30 on Tuesday 24 April 2001.  On that occasion the applicant appeared in person and directions were given in accordance with short minutes shown to the applicant.

2. One of the matters dealt with in the short minutes was the hearing of the matter which was fixed for 10.15am today, 14 June 2001. There has been no appearance by the applicant and the matter has been called. In those circumstances the Minister has made application for an order dismissing the proceedings under O 32 r 2(1)(c).  I propose to make that order.  Accordingly I order that the application is dismissed and the applicant pay the respondent's costs.

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

Associate:

Dated:             14 June 2001

The applicant appeared in person.

Counsel for the Respondent:	Geoffrey Kennett
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 June 2001
Date of Judgment:	14 June 2001