Li v Minister for Immigration

[2012] FMCA 581

FEDERAL MAGISTRATES COURT OF AUSTRALIA

LI v MINISTER FOR IMMIGRATION [2012] FMCA 581

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001, Pt 13, r.13.03C(1)(c)

Applicant: YUK HUNG LI

Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

File Number: SYG 2792 of 2011

Judgment of: Raphael FM

Hearing date: 28 June 2012

Date of Last Submission: 28 June 2012

Delivered at: Sydney

Delivered on: 28 June 2012

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed.

2. Applicant to pay the Respondent’s costs assessed in the sum of $6,471.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 2792 of 2011

YUK HUNG LI

Applicant

And

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

REASONS FOR JUDGMENT

1. In this matter the hearing was set down for 10.15am today on 8 March 2012 at a directions hearing which the applicant did not attend. However, a copy of the orders were sent to her at her address for service by the respondent.

2. I am advised by Mr Smith, who appears for the respondent, that a copy was sent both to her GPO box and to the street address given on the application. A further letter was written to the applicant on 29 March reminding her of the hearing. A further letter was written to her again to both addresses on 21 June 2012 enclosing a copy of the Minister’s submissions. The applicant was not in attendance at 10.15am and was still not in attendance when her name was called outside the court at 10.30 am.

3. In those circumstances I propose to dismiss the matter for non-attendance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.  I order that the applicant pay the respondent’s costs assessed in the sum of $6,471.00.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date:  3 July 2012