Lee v Minister for Immigration
[2009] FMCA 591
•19 June 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LEE v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 591 |
| MIGRATION – Application for review of MRT decision – where applicant failed to appear. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | YOUN JUNG LEE |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 401 of 2007 |
| Judgment of: | Raphael FM |
| Hearing date: | 19 June 2009 |
| Date of Last Submission: | 19 June 2009 |
| Delivered at: | Sydney |
| Delivered on: | 19 June 2009 |
REPRESENTATION
| For the Applicant: | In person |
| Solicitors for the First Respondent: | Australian Government Solicitor |
ORDERS
Application dismissed pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $1,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 401 of 2007
| YOUN JUNG LEE |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
On 6 November 2002 the Migration Review Tribunal declined to grant this applicant a Class UC Subclass 457 (Business Long Stay) visa for the reasons given in its very short decision, found at [CB 48 – 49]. Essentially, the applicant did not have an approved business sponsor.
Five years later Ms Lee was still in the country and made an application for review of the decision of the Migration Review Tribunal in this Court, dated 7 February 2007. The matter came before me for hearing on 16 April 2007; Ms Lee did not appear. I dismissed the application. Two years later Ms Lee is still in the country and has made an application for me to reinstate the 2007 application. The hearing was set down for 10.15 a.m. today but Ms Lee did not appear at that time, nor was she present when her name was called outside the Court at 10.30 a.m.
I therefore propose to dismiss this application pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001. Ms Lee is to pay the respondent’s costs which I assess in the sum of $1,500.00.
I am somewhat concerned that the Court has been bothered by Ms Lee, who really should have been removed from Australia in 2002 and is still here in 2009. Clearly, this cannot be because Ms Lee has vanished into the ether because she has given us addresses at which she is resident.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 26 June 2009
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