Yu v Minister for Immigration & Multicultural & Indigenous Affairs

[2006] FCA 117

FEDERAL COURT OF AUSTRALIA

Yu v Minister for Immigration & Multicultural & Indigenous Affairs
[2006] FCA 117

YANG YU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL
NSD2502 of 2005

WILCOX J
17 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2502 of 2005

BETWEEN:

YANG YU
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

WILCOX J

DATE OF ORDER:

17 FEBRUARY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth), the appeal be dismissed with costs.

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 2502 of 2005

BETWEEN:

YANG YU
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	WILCOX J
DATE:	17 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This matter was called, inside and outside the court.  The appellant did not appear.  This is despite the fact that the appellant was recently reminded, by the respondent's solicitor, of the hearing date.  I have before me an exchange of emails from which it appears that the appellant emailed the solicitor for the respondent on 8 February 2006, inquiring about the hearing time.  The appellant said he could not find that information from a letter he had received.  A response was sent to this email, within about half an hour, stating the matter was listed for a directions hearing on 17 February 2006 at 9.30 am at the Law Courts Building, Queens Square.

2. As I say, the appellant has not appeared. No information has been received by the solicitors for the respondent concerning any problem he might have had today. Nor am I aware of any attempt by him to contact the Court. Certainly there has been no contact with my chambers. In those circumstances, Mr Carter, solicitor for the respondent, asks me to exercise the power given under s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and order that the appeal be dismissed for failure of the appellant to attend the hearing today.

3. I think it is appropriate to exercise that power, having regard to the matters to which I have referred.  Accordingly, pursuant to that power, I will order that the appeal be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:            21 February 2006

There was no appearance for the Appellant
Solicitor for the First Respondent:	Mr S Carter of Sparke Helmore
The Second Respondent filed a Submitting Appearance.
Date of Hearing:	17 February 2006
Date of Judgment:	17 February 2006