Chen v Minister for Immigration and Multicultural Affairs

[2000] FCA 1096

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs [2000] FCA 1096

MING CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 401 OF 2000

MOORE J
2 AUGUST 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 401 OF 2000

BETWEEN:	MING CHEN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	2 AUGUST 2000
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 401 OF 2000

BETWEEN:	MING CHEN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	2 AUGUST 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for judicial review of a decision of the Refugee Review Tribunal.  The applicant appeared in person at the directions hearing on 8 June 2000 when directions were given, by consent, including an order fixing the matter for hearing at 9.00am today.  The matter has been called and there is no appearance for the applicant.  I am satisfied that the applicant was made aware at the directions hearing on 8 June 2000 of the hearing date and plainly enough, its significance to the applicant can be assumed.

2. In view of the fact that there is no appearance, I propose under O 32 r 2 to dismiss the application.  I so order.  In addition I order that the applicant pay the respondent Minister's costs of the application.

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:             2 August 2000

The applicant did not appear.
Solicitor for the respondent:	Murray Allatt, Australian Government Solicitor
Date of Hearing:	2 August 2000
Date of Judgment:	2 August 2000