Rhee v Minister for Immigration and Citizenship

Case [2007] FCA 620

FEDERAL COURT OF AUSTRALIA

Rhee v Minister for Immigration and Citizenship [2007] FCA 620

MAN GWON RHEE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL
NSD 197 OF 2007

MOORE J
1 MAY 2007
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 197 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

MAN GWON RHEE
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

1 MAY 2007

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2.The applicant pay the first respondent's costs fixed in the sum of $1000.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 197 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

MAN GWON RHEE
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE:

1 MAY 2007

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. This is an application for an extension of time in which to appeal against a judgment of a Federal Magistrate of 16 January 2007: see Rhee v Minister for Immigration & Anor [2007] FMCA 23. The matter was listed for hearing today. The applicant was notified of the time and date of the hearing by a letter from the Court dated 29 March 2007 addressed to the address for service. There has been no appearance. A further letter dated 26 April 2007 was sent by the solicitors appearing for the first respondent by courier to the same address, which again identified the time and date for hearing.

  2. I have been asked to dismiss the application for non appearance.  I propose to do so.  I order that the application be dismissed and that the applicant pay the first respondent’s costs.  I further order that those costs be fixed in the sum of $1,000.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        3 May 2007

Solicitor for the Respondent: Blake Dawson Waldron
Date of Hearing: 1 May 2007
Date of Judgment: 1 May 2007
Details
AGLC
Rhee v Minister for Immigration and Citizenship [2007] FCA 620
Case
[2007] FCA 620
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Rhee v Minister for Immigration and Citizenship was presented. The applicant, Rhee, sought an extension of time for a legal matter related to immigration. The Minister for Immigration and Citizenship opposed the application, and the court was required to decide whether the extension should be granted under the circumstances.

The central issue before the court was whether the applicant had a sufficient justification for the delay in lodging the application. The court needed to determine if Rhee's reasons for the delay were compelling enough to warrant an extension under the Federal Court of Australia Act 1976. The court also had to consider the potential impact of granting the extension on the administration of justice and the respondent's interests.

The court found that the applicant's reasons for the delay were not persuasive enough to justify an extension. The court noted that Rhee had not provided a satisfactory explanation for the significant delay in lodging the application. The court emphasised the importance of adhering to strict timelines in legal proceedings to maintain the integrity of the judicial process. Given these findings, the court dismissed the application for an extension of time. Additionally, the court ordered the applicant to pay the respondent's costs in the sum of $1000, reflecting the impact of the delay on the respondent's resources.

Orders

Orders of the court

1. The application for an extension of time be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2. The applicant pay the first respondent's costs fixed in the sum of $1000.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MOORE J

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Ratio Decidendi

Legal Principle Established

Established by: MOORE J

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