Lee, Choong Kyoo v Minister for Immigration and Multicultural Affairs

[1998] FCA 493

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 879 of 1997

BETWEEN:	CHOONG KYOO LEE APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:		SACKVILLE J
DATE:		1 MAY 1998
PLACE:		SYDNEY

REASONS FOR JUDGMENT

Mr Pearson, who appears on behalf of the Minister in this matter, has sought an order dismissing the proceedings pursuant to Federal Court Rules, O 32, r 2(1)(c).  He does so on the basis that the applicant is absent.  It is true that Ms Hong has been granted leave to appear for the applicant today for the limited purpose of seeking an adjournment.  However, the applicant is neither present, nor does he have a legal representative or any other authorised representative present for the purposes of the conduct of the proceedings. 

It seems to me appropriate that an order be made dismissing the proceedings. I have taken into account the matters referred to in the judgment that I have already delivered, in particular that the applicant has had knowledge for at least two months that the proceedings were set down for hearing today.  He has not complied with Court directions for the filing of affidavits.  There is nothing in the material before the Court to suggest that there is an arguable case to be made on his behalf. 

In these circumstances the appropriate order is that the proceedings be dismissed and that the applicant pay the costs of the respondent.  I make those orders.

I certify that this page is a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville

Associate:

Dated:            1 May 1998

Applicant:	Unrepresented
Solicitor for the Respondent:	Mr A Pearson
Australian Government Solicitor
Date of Hearing:	1 May 1998
Date of Judgment:	1 May 1998