Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 364

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration and

Multicultural Affairs [1999] FCA 364

QI WEN CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1168 OF 1998 EMMETT J 29 MARCH 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1168 OF 1998

BETWEEN: QI WEN CHEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 29 MARCH 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Application be dismissed.

2. The Applicant pay the Respondent's costs of the proceedings.

3. The Respondent inform the Applicant in writing as soon as practicable of these orders and of the provisions of Order 35 Rule 7 of the Federal Court Rules.

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 NG 1168 OF 1998

BETWEEN: QI WEN CHEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: EMMETT J

DATE: 29 MARCH 1999

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT 1 This matter is an application for review of a decision of the Refugee Review Tribunal. The matter first came before me on 11 December 1998 when the applicant appeared in person. On that day I directed that the applicant file and serve any affidavits intended to be relied upon no later than 26 February 1999 and I fixed the matter for hearing at 9.30 am on 29 March 1999. 2 When the matter was called on today, there was no appearance for the applicant. The solicitor for the respondent, therefore, invited me either to dismiss the application pursuant to Order 32, rule 2(1)(c) or, alternatively, if I were so disposed, under Order 32 rule 2(1)(d). Order 32 relevantly provides as follows: "2(1) If, when a proceeding is called on for trial, any party is absent, the Court may: ………………………………