FEDERAL COURT OF AUSTRALIA
Zhang v Minister for Immigration & Multicultural Affairs [1999] FCA 887
GUO RONG ZHANG V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NG 1156 OF 1998
Burchett J
10 June 1999
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 1156 of 1998
BETWEEN:
GUO RONG ZHANG
ApplicantAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE:
BURCHETT J
DATE:
10 JUNE 1999
PLACE:
SYDNEY
EX TEMPORE REASONS FOR JUDGMENT
This is an application to review a decision of the Refugee Review Tribunal. I have read and considered that decision. Mr Zhang has not appeared today, notwithstanding evidence put before me which shows quite clearly that, not only was the solicitor who was originally acting for him notified of today's hearing date, but because that solicitor had indicated some difficulty in communication with his client, and a desire to withdraw from the case, at least two letters were sent directly to Mr Zhang by the solicitor handling the matter at the Australian Government Solicitor's office. At least one letter, giving adequate notice, was sent, as is shown by the affidavit verifying the sending of it, in the appropriate manner to obtain an advice receipt and delivery confirmation from Australia Post. These bear a signature purporting to be the signature of Mr Zhang, which I have compared with two signatures of his contained in the relevant documents. I am quite satisfied that Mr Zhang in fact received the letter, the signature being his signature.
There is authority that summary orders should not be made without some consideration of the case, and I have, as I have said, read and considered the reasons of the Tribunal in this case. I can myself find no indication of any error of law; and none has been submitted to me. As there has been no appearance, I now dismiss the application with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Burchett. Associate:
Dated: 10 June 1999
Applicant: No appearance for the applicant
Counsel for the Respondent: Ms S McNaughton Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 10 June 1999 Date of Judgment: 10 June 1999
- AGLC
- Zhang v Minister for Immigration and Multicultural Affairs [1999] FCA 887
- Case
- [1999] FCA 887
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether there was any basis for judicial review of the Tribunal's decision, particularly in light of the applicant's failure to appear or provide any argument against the Tribunal's decision. The court was also tasked with determining whether the Tribunal's decision contained any error of law, as no such error was alleged by Zhang.
Justice Burchett examined the evidence of communication with Zhang, including letters sent by the solicitor and the signature on a receipt confirming delivery. The judge concluded that Zhang had indeed received the necessary notices and was satisfied that Zhang had received the letter, as the signature matched those in other documents. The court found no error of law in the Tribunal's decision and noted that no such error had been submitted. Given Zhang's absence and lack of argument, the court dismissed the application with costs awarded to the respondent.
The final orders of the court were that the application for judicial review was dismissed with costs to be paid by the applicant to the respondent.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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