Suwandi v Minister for Immigration & Multicultural Affairs

[2000] FCA 1239

FEDERAL COURT OF AUSTRALIA

Suwandi v Minister for Immigration & Multicultural Affairs [2000] FCA 1239

SUWANDI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 261 of 2000

MADGWICK J
9 AUGUST 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 261 of 2000

BETWEEN:	SUWANDI
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

JUDGE:	MADGWICK J
DATE OF ORDER:	9 AUGUST 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceedings be dismissed pursuant to Order 32 Rule 2(1)(c) of the Federal Court Rules.

2.The applicant is to pay the respondent’s costs.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 261 of 2000

BETWEEN:	SUWANDI
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

JUDGE:	MADGWICK J
DATE:	9 AUGUST 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. In this matter at about 10.30 am, the case, having been fixed to commence at 10.15 am, there was no appearance by the applicant.  It had been arranged, at the applicant's request, that a Mandarin interpreter be present in court and she was.  Apparently, when the applicant was late, my new associate caused some inquiries to be made of the applicant as to his whereabouts and, in an effort to be helpful, caused the applicant to be told by the interpreter that if he did not turn up, he would be at risk as to costs.

2. It is enough to say, that the applicant conveyed to the interpreter no good reason for not presenting himself before the court.  He has had a reasonable opportunity to be heard.  The Refugee Review Tribunal understood him to have not availed himself of an opportunity to attend to give evidence and make submissions to that Tribunal.  In my view, this is an appropriate case to dismiss the proceedings under Order 32 Rule 2(1)(c), as counsel for the respondent has asked that I do.  The proceedings will be dismissed.  The applicant is to pay the respondent's costs.

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

Associate:
Dated:            4 September 2000

Counsel for the Applicant:	No appearance by the applicant
Counsel for the Respondent:	V Hartstein
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 August 2000
Date of Judgment:	9 August 2000