Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Geng v Minister for Immigration & Multicultural Affairs [1999] FCA 840
YAN GENG v MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS N 318 OF 1999 EMMETT J 18 JUNE 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 318 OF 1999
BETWEEN: YAN GENG
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: EMMETT J
DATE OF ORDER: 18 JUNE 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application 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 N 318 OF 1999
BETWEEN: YAN GENG
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: EMMETT J
DATE: 18 JUNE 1999
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT 1 The applicant is a citizen of The People's Republic of China who arrived in Australia on 19 October 1996. The applicant left Australia on 21 December 1997 and returned to China. She re-entered Australia on 10 January 1998. On 4 November 1998, she lodged an application for a protection visa. A delegate of the Minister for Immigration & Multicultural Affairs ("the Minister") refused to grant a protection visa on 30 November 1998 and, on 10 December 1998, the applicant sought review of that decision by the Refugee Review Tribunal ("the Tribunal"). On 22 March 1999, the Tribunal affirmed the decision not to grant a protection visa. The applicant has now brought an application to this court for a review of the decision of the Tribunal. 2 When the matter came before me on 4 June 1999, the applicant was represented by her solicitor, Mr A. Tees. On that day, I fixed the matter for hearing today at 10.15 a.m. When the matter was called there was no appearance for the applicant. The applicant's solicitor had, in the meantime, filed a notice of ceasing to act together with an affidavit, to which there was annexed a copy of letters addressed to the applicant informing her that the matter had been fixed for hearing today and seeking instructions. 3 The solicitor for the respondent also sent, by courier to the applicant's address on 15 June 1999, a letter informing the applicant that the matter was listed for hearing before me today. In addition, on 15 June 1999, my associate also wrote to the applicant at her address informing the applicant that the matter was listed for hearing today. I am satisfied on the evidence before me that the applicant was aware of the hearing fixed for today. 4 The respondent seeks an order pursuant to Order 32, Rule 2(1)(c), that the proceedings be dismissed. That Rule relevantly provides as follows: "2(1) If, when a proceeding is called on for trial, any party is absent, the Court may:
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