FEDERAL COURT OF AUSTRALIA
Ming Di He v Minister for Immigration & Multicultural Affairs [2000]
FCA 1810MING DE HE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 792 OF 2000TAMBERLIN J
SYDNEY
6 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 792 OF 2000
BETWEEN:
MING DI HE
APPLICANTAND:
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
- AGLC
- Ming Di He v Minister for Immigration and Multicultural Affairs [2000] FCA 1810
- Case
- [2000] FCA 1810
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: TAMBERLIN J
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