Li v Minister for Immigration & Multicultural Affairs [2001] FCA 729

FEDERAL COURT OF AUSTRALIA

Li v Minister for Immigration & Multicultural Affairs [2001] FCA 729

JING JING LI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 390 of 2001 WHITLAM J 1 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 390 of 2001

BETWEEN: JING JING LI

APPLICANT

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 1 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 N 390 of 2001

BETWEEN: JING JING LI

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WHITLAM J

DATE: 1 JUNE 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The proceeding before the Court is an application for an order of review in respect of a decision of the Refugee Review Tribunal made on 1 March 2001 and handed down on 27 March 2001. The present application was filed on 12 April 2001. There was no appearance by the applicant at the first directions hearing on 25 May 2001 and the matter was stood over until today on the basis that if there was no appearance the respondent would move to have the matter dismissed. 2 The solicitor for the respondent wrote to the applicant notifying her that the matter was listed today and that the respondent would seek to have the matter dismissed if there was no appearance. There being no appearance today, it is appropriate to make that order in terms of O 10 r 3(2) of the Federal Court Rules. 3 Accordingly, I order 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 Whitlam.