Ya Quin Shi v Minister for Immigration and Multicultural Affairs

[2001] FCA 722

FEDERAL COURT OF AUSTRALIA

Ya Quin Shi v Minister for Immigration & Multicultural Affairs [2001] FCA 722

YA QUIN SHI V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N54 OF 2001

MOORE J
4 MAY 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N54 OF 2001

BETWEEN:	YA QUIN SHI FIRST APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	4 MAY 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS AND DIRECTS THAT:

1.        The application is dismissed.

2.        The applicants pay the respondent's costs.

3.The respondent notify the applicant within 7 days in writing at the address for service of the order I have just made and in summary of the reasons for doing so.

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	N54 OF 2001

BETWEEN:	YA QUIN SHI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	4 MAY 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MOORE J

1. This is an application for judicial review of a decision of the Refugee Review Tribunal.  The matter was listed for directions before the Court on 7 March 2001.  On that occasion the applicant appeared and directions were made for the hearing of the matter The matter was then listed for hearing at 10.15 this morning, 4 May 2001.

2. At 10.15 appearances were taken and there was no appearance for the applicant.  I am informed by counsel for the respondent, the Minister for Immigration & Multicultural Affairs, that the solicitor instructing him had a conversation with the migration agent representing the applicant which led the instructing solicitor to apprehend that there would be no appearance by the applicant.  As just noted, that has transpired.

3. An application has been made by the respondent that I dismiss the proceedings under O 32 r 2. In the present circumstances I propose to make the order sought by the respondent. The applicant’s rights under the Act and rules are preserved, notwithstanding the order that I make: see, in particular, O35 r 7(2).

4. Accordingly I order that the application is dismissed.  I further order that the applicant pay the respondent's costs.  I direct that the respondent inform the applicant in writing within 7 days of the orders I have made and in summary of the reasons for doing so.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:4 May 2001

The Applicant did not appear.

Counsel for the Respondent:	Anthony McInerny
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	4 May 2001
Date of Judgment:	4 May 2001