Lin v Minister for Immigration & Multicultural Affairs [2001] FCA 251

FEDERAL COURT OF AUSTRALIA

Lin v Minister for Immigration & Multicultural Affairs [2001] FCA 251

ZHI WEN LIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1122 OF 2000 TAMBERLIN J SYDNEY 20 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1122 OF 2000

BETWEEN: ZHI WEN LIN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 20 FEBRUARY 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 I should record that in the file there is a note from my associate of a letter dated 19 January 2001 to the applicant at the address 32 Yarram Street, Lidcombe, which wrongly stated that the matter was listed for hearing at 10.15 am on 20 February. However, on 19 February a letter was sent correcting it to indicate that it was 9.30. 2 I note that the clock at the present time shows that it's 10.25. There have been no written submissions filed by the appellant and there is no indication, his name having been called outside the Court, that he proposes to appear. Accordingly, I think this is an appropriate case to dismiss for want of appearance under O 32 r 2(1)(c). However, I do note that there is provision under O 35 r 7, in an appropriate case, for a person affected by an order or judgment made in the absence of a party to set it aside, but of course it is necessary to show circumstances sufficient to warrant the taking of this course. 3 Accordingly, the order which I make in the present matter is that the application be dismissed with costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate: Dated: 15 March 2001

The Applicant did not appear

Counsel for the Respondent: D Jordan