Ly v Minister for Immigration and Multicultural Affairs

[2000] FCA 559

FEDERAL COURT OF AUSTRALIA

Ly v Minister for Immigration & Multicultural Affairs [2000] FCA 559

MR LY BO v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1139 of 1999

HILL J
27 APRIL 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1139 OF 1999

BETWEEN:	MR LY BO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	HILL
DATE:	27 APRIL 2000
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. Before the Court is an application brought by Mr Bo Ly (“the applicant”) for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) affirming the decision of the Minister for Immigration and Multicultural Affairs (“the Minister”) or his delegate not to grant to him a protection visa.

2. The applicant is a national of Cambodia.  He claimed to be entitled to a protection visa on the basis that he had a well-founded fear of persecution on political grounds by reason of his support of the royalist FUNCINPEC party in Cambodia.  The applicant was advised of the hearing before the Tribunal but did not attend.  The Tribunal concluded that any fear on the applicant’s part was not well-founded having regard to the evidence which it detailed in its reasons which indicated that the FUNCINPEC faction is now a part of the government of Cambodia notwithstanding what the situation may have been when Prince Norodom Ranariddh, was ousted by Hun Sen.

3. The applicant appealed to this Court.  The matter was listed for directions on 22 November 1999 at which time the applicant sought an adjournment pending a decision being made on legal aid.  On the day the matter was before the Court for directions the applicant did not appear.  I listed the matter for hearing today, before me, and ordered the respondent to notify the applicant of the orders.

4. I can infer that the applicant was in fact notified because on 18 April he wrote to the Registrar noting that the case had been listed for hearing today and indicating that he had decided to withdraw his application.  The Registrar, by letter dated 19 April, advised the applicant that consent was required, or leave of the Court, before the proceedings could be discontinued and noted that should he not attend an order for costs could be made against him.

5. I have been instructed from the bar table that a similar letter was sent by the Australian Government Solicitor.

6. The matter has been called today and the applicant has not attended. That alone would suffice, together with the letter indicating his intention to withdraw the application, for me to make an order dismissing the application. I should say however that I have read the reasons of the Tribunal and can see in them no matter which would give rise to a ground for review under the provisions of s 476(1) of the Migration Act 1958.

7. In the circumstances, I would dismiss the application and order the applicant to pay the Minister’s costs of it.

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

Associate:

Dated:             27 April 2000

The Applicant did not appear
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	27 April 2000
Date of Judgment:	27 April 2000