Yu Xiang Li v Minister for Immigration and Multicultural Affairs

[2001] FCA 721

FEDERAL COURT OF AUSTRALIA

Yu Xiang Li v Minister for Immigration & Multicultural Affairs [2001] FCA 721

YU XIANG LI AND XU ZHANG V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N462 OF 2001

MOORE J
5 JUNE 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N462 OF 2001

BETWEEN:	YU XIANG LI FIRST APPLICANT
XU ZHANG SECOND APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	5 JUNE 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 applicants within 7 days in writing at the address for service of the order I have just made.

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	N462 OF 2001

BETWEEN:	YU XIANG LI APPLICANT
XU ZHANG SECOND APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	5 JUNE 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MOORE J

1. This is an application for judicial review of a decision of the Refugee Review Tribunal of 2 March 2001. There is no appearance by the applicants. The respondent, the Minister for Immigration and Multicultural Affairs, seeks an order dismissing the application. What I propose to do in the circumstances is order that the application be dismissed under O10 r 3(2), having regard to the fact that the applicants have not appeared at the first directions today. The time and date of this directions hearing was noted on the application, namely 9.30 on Tuesday 5 June 2001.  I am prepared to dismiss the application particularly having regard to the fact that the application itself does not, in terms, appear to raise any grounds of substance, or at least grounds of substance that are particularised in any respect.  The applicants' rights under the Act and rules are preserved, notwithstanding the order that I make: see, in particular, O35 r 7(2).

2. I order that the application is dismissed, and the applicants pay the respondent's costs.  I direct that the respondent notify the applicants within 7 days in writing at the address for service of the order I have just made.

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

Associate:

Dated:             12 June 2001

The applicants did not appear

Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	5 June 2001
Date of Judgment:	5 June 2001