Sun v Minister for Immigration & Multicultural Affairs [2002] FCA 495

FEDERAL COURT OF AUSTRALIA

Sun v Minister for Immigration & Multicultural Affairs [2002] FCA 495 IMMIGRATION – refugee claim for asylum based on persecution for association with Falungong religion – delegate refused protection visa in detail – mistaken reference to name of applicant at beginning of delegate's position but correct name shown at end of decision – application for review sought on ground that decision not related to applicant – application for review prepared by migration agent – application disclosed residential address of applicant and business address of applicant's migration agent for service – subsequently migration agent changed business address – applicant did not in fact change residential address – notifications by Tribunal of time and place of hearing sent to both applicant and migration agent returned by post office to Tribunal – further attempts to communicate time and hearing to applicant through migration agent unsuccessful – applicant did not appear at hearing – one finding of Tribunal based partly on applicant's reluctance to appear at hearing – issue as to whether other findings of Tribunal similarly based – evidence as to why applicant did not appear admitted – held that most material findings of Tribunal not based on applicant's non-appearance at Tribunal – application for review dismissed – whether discretion of Court referrable to applicant's conduct should be in any event exercised adversely to applicant.

Migration Act 1958 (Cth) subss 476(1)(g) and 476(4)(b)

Minister for Immigration & Multicultural Affairs v Indatissa & Anor (2002) 64 ALD 1 followed Harunor v Minister for Immigration & Multicultural Affairs [2001] FCA 853 referred to Minister for Immigration & Multicultural Affairs v Mohammad (2000) 101 FCR 434 considered Mulla v Minister for Immigration & Multicultural Affairs [2001] FCA 934 considered Curragh Queensland Mining Ltd v Daniel & Others (1992) 34 FCR 212 applied Minister for Immigration & Multicultural Affairs v Li Yue [2000] FCA 856 referred to Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 referred to Abbasi v Minister for Immigration & Multicultural Affairs [2001] FCA 1274 referred to MING SUN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1240 OF 2001 CONTI J 24 APRIL 2002 SYDNEY