Jin v Minister for Immigration and Multicultural Affairs

[2001] FCA 503

FEDERAL COURT OF AUSTRALIA

Jin v Minister for Immigration & Multicultural Affairs [2001] FCA 503

WEI SOON JIN V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NO. N 150 OF 2001

JUDGE:         BEAUMONT J

DATE:           27 APRIL 2001

PLACE:         SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NO. N 150 OF 2001

BETWEEN:	WEI SOON JIN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	BEAUMONT J
DATE OF ORDER:	27 APRIL 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The application be dismissed with 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	NO. N 150 OF 2001

BETWEEN:	WEI SOON JIN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	BEAUMONT J
DATE:	27 APRIL 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

BEAUMONT J:

1. Before the Court is an application for an order of review filed by a litigant in person in a matter under the Migration Act 1958 (“the Act”).  The application was filed on 20 February 2001 and seeks to review the refusal by a delegate of the Minister for Immigration and Multicultural Affairs (“the Minister”) to grant a protection visa.

2. According to the document, which was clearly prepared without the benefit of legal assistance, the grounds for the decision were not there stated but it was indicated that “details will be sent at a later date”.  As no details were, in fact sent, it thus appears that no grounds for review have been stated. 

3. However, the respondent, represented by counsel, has prepared a written submission dated 20 April 2001.  I have read that outline and it appears that the respondent’s case is that the matter was purely a factual question for the Refugee Review Tribunal.

4. There is, in accordance with the usual practice, a Court Book of some 180 pages.  It is simply impossible for me to gain any impression of the merits, if any, of the matter.

5. The applicant is presently in detention and has come before the Court today with an interpreter.  When I inquired of the interpreter whether the applicant wished to say something I was informed that the applicant did not wish to put anything.

6. In those circumstances, I have no alternative but to dismiss the application and I do that. 

   ORDERS

7. I dismiss the application with costs.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Beaumont.

Associate:

Dated:             27 April 2001

Solicitor for the Applicant:	Applicant appeared in person
Counsel for the Respondent:	Mr J Smith
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	27 April 2001
Date of Judgment:	27 April 2001