Woo v Minister for Immigration

Case

[2007] FMCA 1744

26 September 2007


FEDERAL MAGISTRATES COURT OF AUSTRALIA

WOO & ORS v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1744
MIGRATION – No appearance.
Federal Magistrates Court Rules 2001
First Applicant: MEE SUK WOO
Second Applicant:

UN SACK HWANG

Third Applicant:

MXEONG KYU HWANG

Fourth Applicant: JI KWON HWANG

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:  MIGRATION REVIEW TRIBUNAL

File number:

SYG1963 of 2006

Judgment of: Raphael FM
Hearing date: 26 September 2007
Date of last submission: 26 September 2007
Delivered at: Sydney
Delivered on: 26 September 2007

REPRESENTATION

For the Applicants: No appearance
Counsel for the Respondent: Ms A Mitchelmore
Solicitors for the Respondent: Sparke Helmore

ORDERS

  1. Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

  2. Applicant to pay the First Respondents’ costs assessed in the sum of $2,200.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1963 of 2006

MEE SUK WOO

First Applicant

UN SACK HWANG
Second Applicant

MYEONG KYU HWANG
Third Applicant

JI KWON HWANG

Fourth Applicant

And

MINISTER FOR IMMIGRATION & CITZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

  1. This proceeding is an application by Mee Suk Woo and her family to review a decision of the Migration Review Tribunal made on 17 May 2006 affirming a decision of the delegate to decline to grant Ms Woo an Educational (Temporary) (Class TH) visa.

  2. Ms Woo filed an application in this court on 14 July 2006 and upon 10 August 2006 attended before Registrar Lackenby. She signed a short minutes of order which indicated that the matter would be heard today at 2.15 but by 2.30 she had not arrived. Her name was called outside the court at 2.33 and she was not present. She has not advised the court of her absence and I note that she did not appear before the Tribunal. In the circumstances I propose to dismiss these proceedings pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

  3. I order that the applicant pay the first respondents’ costs which are assessed in the sum of $2,200.00.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date: 

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