WANG v Minister for Immigration

[2005] FMCA 903

FEDERAL MAGISTRATES COURT OF AUSTRALIA

WANG v MINISTER FOR IMMIGRATION [2005] FMCA 903

MIGRATION – Summary dismissal – non-compliance.

Federal Magistrates Court Rules 2001, Rule 13.03(2)(b)

Applicant: JI WANG

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: MLG 1439 of 2004

Judgment of: McInnis FM

Hearing date: 10 June 2005

Delivered at: Melbourne

Delivered on: 10 June 2005

REPRESENTATION

Applicant: No appearance

Solicitor for the Respondent: Ms T. Veschetti

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Pursuant to Rule 13.03(2)(b) of the Federal Magistrates Court Rules 2001 the application filed 9 November 2004 be dismissed.

2. The Applicant shall pay the Respondent's costs fixed in the sum of $2980.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 1439 of 2004

JI WANG

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. In this matter the court made orders on 31 May 2005 granting leave to the respondent to make oral application for summary dismissal of the application pursuant to Rule 13.03 of the Federal Magistrates Court Rules (the Rules). The court otherwise dispensed with so much of the Rules that would prevent the application for summary dismissal being heard on this day. A further order was made that the respondent should file and serve on the applicant by ordinary prepaid mail a sealed copy of the order and a copy of an affidavit of Tiffany Veschetti affirmed on 27 May 2005. That affidavit had referred to non-compliance with orders that had previously been made by the court and in particular by a Registrar of this Curt on 15 December 2004. The non-compliance with those orders of the applicant prompted the matter being listed this day and the orders made on 31 May 2005.

2. The respondent filed in court this day an affidavit of Sasha Leigh Calder affirmed 6 June 2005 which satisfies me that the respondent has effectively complied with the orders made by the court on 31 May 2005. There is no appearance for the applicant this day. I am satisfied in the circumstances that there has been noncompliance with orders of the court by the applicant. That non-compliance relates to orders made 15 December 2004. In the circumstances I am satisfied in the exercise of the court's discretion that it is appropriate that this court should dismiss the application, that is, to end the proceeding, pursuant to Rule 13.03(2)(b) and make an order in relation to costs.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of McInnis FM

Associate: 

Date:  10 June 2005