Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goo v Minister for Immigration & Multicultural Affairs [2000] FCA 853
MEEYUNG GOO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1456 of 1999
MADGWICK 9 JUNE 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1456 of 1999
BETWEEN: MEEYUNG GOO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 9 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1456 OF 1999
BETWEEN: MEEYUNG GOO
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 9 JUNE 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT HIS HONOUR: 1 The applicant seeks judicial review on the limited bases available to this Court under the Migration Act 1958 (Cth) ("the Act") of a decision of the Refugee Review Tribunal by which that Tribunal declined to set aside or vary the decision of a delegate of the respondent Minister, not to grant a protection visa. The Tribunal's decision in terms affirmed the decision of the delegate. 2 The applicant is a Malaysian national of Chinese ethnicity in her twenties. She arrived in Australia in March 1999 and within a few weeks applied for a protection visa. On 20 May 1999, the Minister's delegate refused that application and the applicant applied to the Refugee Review Tribunal for review of the delegate's decision. 3 As it was required to do, the Tribunal wrote to the applicant on 1 October 1999 to tell her that the Tribunal was not prepared to make a decision in her favour on the papers and advising her to attend a hearing on 3 November 1999 so that she might give oral evidence and present arguments in support of her application. She had engaged the services of a migration agent. A copy of the letter was also sent to that agent. No response was received to the letter. The applicant did not attend the hearing of the Tribunal. The material that the
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