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 Solicitors for the Respondent: Sparke Helmore Date of Hearing: 20 February 2001 Date of Judgment: 20 February 2001