Lin Bing Luan v Minister for Immigration & Multicultural Affairs

[1996] FCA 923

NOT FOR DISTRIBUTION

FEDERAL COURT OF AUSTRALIA       )
NEW SOUTH WALES DISTRICT REGISTRY )    No NG 315 of 1996
GENERAL DIVISION                 )

BETWEEN:

LIN BING LUAN

Applicant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

CORAM:    SACKVILLE J.
PLACE:    SYDNEY
DATE:     27 SEPTEMBER 1996

REASONS FOR JUDGMENT

In this matter, a notice of motion was filed on behalf of the respondent on 1 July 1996.  The application sought an order that the proceedings be dismissed with costs.  That was put forward on the basis of the failure of the applicant to prosecute the proceedings and indeed the failure to appear before the Court on directions hearings.  An affidavit was sworn by Mr Markus on 21 July 1996. That affidavit sets out the history of the matter up until that date and I do not repeat what is in that affidavit.

Since then, an affidavit has been filed on behalf of the respondent, sworn by Mr Markus on 8 September 1996, setting out the documentation in the matter.  The applicant, however, has not filed any evidence.  There is an affidavit of service that the affidavit of Mr Markus sworn 8 September 1996 was duly served upon the applicant.  Mr Markus has tendered, and I shall mark in evidence as exhibit 1, a letter from the applicant.  That letter states as follows:

"Thank you for having taken care of my refugee application.  Unfortunately, I cannot afford the legal cost involved with my case, therefore I would like to withdraw my refugee application. 

Thank you again for your kindness to me."

The signature on that letter appears to match the signature on the application for refugee status, which is annexed to the affidavit of Mr Markus of 8 September 1996. 

The matter has been called today and there has been no appearance by or on behalf of the applicant.  In the light of the letter, that is not surprising.  In these circumstances, I think it is appropriate for the Court to make an order dismissing the application pursuant to Order 10, rule 3, subrule 2 of the Federal Court Rules.  I make that order and dismiss the application.  I order that the applicant pay the respondent's costs.

I certify that this and the preceding 1 page are a true copy of the Reasons for Judgment of the Honourable Justice Sackville.

Associate:

Dated:

Heard:27 September, 1996

Place:            Sydney

Decision:27 September, 1996

Appearances:      Mr A. Markus, Solicitor, of Australian Government Solicitor, appeared for the respondent.