GUO v Minister for Immigration

Case

[2012] FMCA 305

5 April 2012


FEDERAL MAGISTRATES COURT OF AUSTRALIA

GUO v MINISTER FOR IMMIGRATION & ANOR [2012] FMCA 305
MIGRATION – No appearance.
Federal Magistrates Court Rules 2001
Applicant: WEIWEI GUO
First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP
Second Respondent: MIGRATION REVIEW TRIBUNAL
File Number: SYG 139 of 2012
Judgment of: Raphael FM
Hearing date: 5 April 2012
Date of Last Submission: 5 April 2012
Delivered at: Sydney
Delivered on: 5 April 2012

REPRESENTATION

For the Applicant: No appearance
Solicitors for the Respondents: Minter Ellison

ORDERS

  1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

  2. Applicant to pay the First Respondent’s costs assessed in the sum of $750.00. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 139 of 2012

WEIWEI GUO

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

  1. In this matter there was a first directions hearing on 15 March 2012. On that date I asked the representative of the Minister to contact the applicant, who had not appeared, and advise him that the matter had been relisted today at 9.30 am. They did do that and there has been tendered to me a copy of a letter sent to the applicant at the address shown on the application which was filed on 23 January 2012. The applicant has not appeared today. His name was called outside the court, but he did not respond. In those circumstances, I propose to dismiss the matter pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001 (Cth). I order that the applicant pay the respondent’s costs which I assess in the sum of $750.00.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM

Date:  12 April 2012

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