Thepsiri v Minister for Immigration & Multicultural Affairs [2001] FCA 204

FEDERAL COURT OF AUSTRALIA

Thepsiri v Minister for Immigration & Multicultural Affairs [2001] FCA 204 IMMIGRATION – application seeking review of the decision of the Refugee Review Tribunal – where no particulars provided and no submissions made in relation to the application – whether the decision of the Refugee Review Tribunal was authorised under the Migration Act 1958 (Cth)

Migration Act 1958 (Cth) ss 36(2), 65, 415, 476 Federal Court Rules O 32 r 2(1)(d) KITTIYA THEPSIRI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 46 of 2001 STONE J SYDNEY 7 MARCH 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 46 OF 2001

BETWEEN: KITTIYA THEPSIRI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 7 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 46 OF 2001

BETWEEN: KITTIYA THEPSIRI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 7 MARCH 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 18 September 2000, the applicant, Ms Thepsiri, a citizen of Thailand, applied to the respondent ("the Minister") for a protection visa to remain in Australia. Her application was refused by the Minister's delegate ("Delegate") on 29 September 2000. This refusal was upheld by the Refugee Review Tribunal ("Tribunal") on 1 December 2000. The applicant now applies under s 476(1) of the Migration Act 1958 (Cth) ("the Act") for review of the Tribunal's decision. 2 The applicant did not appear at the hearing today. She has been called outside the court to no avail. In the circumstances, I have decided to proceed with the trial in accordance with Order 32 rule 2(1)(d) of the Federal Court Rules.