Muangnoi, Phensri v Immigration and Ethnic Affairs

[1998] FCA 905

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 398  of 1998

BETWEEN:

PHENSRI MUANGNOI

APPLICANT

AND:

MINISTER FOR IMMIGRATION AND
ETHNIC AFFAIRS

RESPONDENT

JUDGE:	SACKVILLE J.
DATE:	28 JULY, 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

HIS HONOUR:   In this matter, the Minister applies pursuant to Federal Court Rules, O 10 r 3(2) to dismiss the application on the basis that the applicant has not appeared at this directions hearing.  The circumstances of this case are very similar to those dealt with in matter NG397 of 1998, in which I have just delivered judgment. 

The only significant differences are that the first directions hearing in this matter was before me on 28 May 1998, rather than before another Judge of the Court on the following day.  In addition, in this matter, there was no conversation similar to that which took place on 5 June 1998 to which I have referred in the other judgment.  Otherwise the circumstances are, in substance, identical.  In particular, the applicant has failed to appear in this Court on three separate occasions.  This is so, notwithstanding that on 29 May 1998, the solicitor for the Minister wrote to the applicant advising her of the next directions hearing on 18 June 1998 and stating that she should attend that directions hearing in person if she did not have a legal representative.

As far as today is concerned, the notice of motion and supporting affidavit have been served upon the applicant at her address for service.  In these circumstances I consider it clear that the applicant is not willing to pursue her application for review in this Court in a timely manner.  I think that the appropriate order in the circumstances is to dismiss the application and to make an order confirming the decision of the Refugee Review Tribunal made on 17 April 1998.   Accordingly, in matter NG398 of 1998, the orders that I make are:

(1)The application be dismissed.

(2)The decision of the Refugee Review Tribunal made on 17 April 1998 not to grant a protection visa, be confirmed.

(3)The applicant pay the respondent's costs.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville J.

Associate:

Dated:            28 July, 1998

Applicant:	Unrepresented
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	28 July, 1998
Date of Judgment:	28 July, 1998