Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ya Quin Shi v Minister for Immigration & Multicultural Affairs [2001] FCA 722
Ya Quin Shi V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N54 OF 2001 MOORE J 4 MAY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N54 OF 2001
BETWEEN: YA QUIN SHI
FIRST APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 4 MAY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS AND DIRECTS THAT: 1. The application is dismissed. 2. The applicants pay the respondent's costs. 3. The respondent notify the applicant within 7 days in writing at the address for service of the order I have just made and in summary of the reasons for doing so.
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 N54 OF 2001
BETWEEN: YA QUIN SHI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 4 MAY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT MOORE J 1 This is an application for judicial review of a decision of the Refugee Review Tribunal. The matter was listed for directions before the Courton 7 March 2001. On that occasion the applicant appeared and directions were made for the hearing of the matter The matter was then listed for hearing at 10.15 this morning, 4 May 2001. 2 At 10.15 appearances were taken and there was no appearance for the applicant. I am informed by counsel for the respondent, the Minister for Immigration & Multicultural Affairs, that the solicitor instructing him had a conversation with the migration agent representing the applicant which led the instructing solicitor to apprehend that there would be no appearance by the applicant. As just noted, that has transpired. 3 An application has been made by the respondent that I dismiss the proceedingsunder O 32 r 2. In the present circumstances I propose to make the order sought by the respondent. The applicant's rights under the Act and rules are preserved, notwithstanding the order that I make: see, in particular, O35 r 7(2). 4 Accordingly I order that the application is dismissed. I further order that the applicant pay the respondent's costs. I direct that the respondent inform the applicant in writing within 7 days of the orders I have made and in summary of the reasons for doing so. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.
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