Ming Di He v Minister for Immigration and Multicultural Affairs

FEDERAL COURT OF AUSTRALIA
Ming Di He v Minister for Immigration & Multicultural Affairs [2000]
FCA 1810
MING DE HE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 792 OF 2000
TAMBERLIN J
SYDNEY
6 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 792 OF 2000

BETWEEN:

MING DI HE
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

TAMBERLIN J

DATE:

6 DECEMBER 2000

PLACE:

SYDNEY

REASONS FOR JUDGMENT

When this matter was called on for hearing there was no appearance by the applicant. I note that in a letter dated 27 November 2000 the applicant wrote to the Federal Court indicating that he had decided to withdraw his application for review with the Federal Court and would not attend the hearing on 6 December 2000. I have heard a statement from the bar table by the solicitor representing the respondent. I am satisfied that the applicant has had an opportunity to appear and has elected not to appear in the matter and is desirous of withdrawing the application for review. In these circumstances the appropriate order is that the application be dismissed.
I am satisfied that an outline of the costs which are being claimed was notified to a person who appears to have been in close contact with the applicant and therefore, in those circumstances, the costs should follow the event and I make an award of costs to be taxed or agreed between the parties. This matter is now finalised.
I also mention the provisions of O 35 r 7 of the Federal Court Rules which provide that the court may vary or set aside a judgment order where it has been entered as a result of non-appearance provided that the requirements of that section and of the law are satisfied. I direct that a copy of this judgment be sent to the applicant at his last notified address.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.
Associate:
Dated: 21 December 2000

Counsel for the Applicant: The applicant did not appear

Solicitor for the Respondent: Sparke Helmore

Date of Hearing: 6 December 2000

Date of Judgment: 6 December 2000

CaseChat Overview and Summary

The Federal Court of Australia, in the case of Ming Di He v Minister for Immigration and Multicultural Affairs, dealt with an application for judicial review by Ming Di He against the Minister for Immigration and Multicultural Affairs. The dispute arose from the Minister's decision to cancel the applicant's visa under the Migration Act 1958. The key issue before the court was whether the applicant had the right to be heard before his visa was cancelled. The applicant argued that the Minister's decision was flawed because it was not made in accordance with the principles of natural justice.

The court examined the legal framework governing the cancellation of visas and the principles of natural justice. It considered whether the applicant was given an opportunity to respond to the allegations against him and whether he was afforded procedural fairness. The court determined that the Minister had followed the necessary procedures and provided the applicant with a fair opportunity to respond to the allegations.

In dismissing the application, the court concluded that the Minister's decision was lawful and that the applicant had not demonstrated any error in the decision-making process. The court awarded costs to the respondent, to be taxed or agreed between the parties. The judgment was made final, and the applicant's application for review was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 792 OF 2000

BETWEEN:	MING DI HE APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	6 DECEMBER 2000
PLACE:	SYDNEY

Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	6 December 2000
Date of Judgment:	6 December 2000