FEDERAL COURT OF AUSTRALIA Rhee v Minister for Immigration and Citizenship [2007] FCA 620 MAN GWON RHEE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 197 OF 2007 MOORE J 1 MAY 2007 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 197 OF 2007 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MAN GWON RHEE Applicant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent MIGRATION REVIEW TRIBUNAL Second Respondent JUDGE: MOORE J DATE OF ORDER: 1 MAY 2007 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application for an extension of time be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). 2. The applicant pay the first respondent's costs fixed in the sum of $1000. 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 NSD 197 OF 2007 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MAN GWON RHEE Applicant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent MIGRATION REVIEW TRIBUNAL Second Respondent JUDGE: MOORE J DATE: 1 MAY 2007 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This is an application for an extension of time in which to appeal against a judgment of a Federal Magistrate of 16 January 2007: see Rhee v Minister for Immigration & Anor [2007] FMCA 23. The matter was listed for hearing today. The applicant was notified of the time and date of the hearing by a letter from the Court dated 29 March 2007 addressed to the address for service. There has been no appearance. A further letter dated 26 April 2007 was sent by the solicitors appearing for the first respondent by courier to the same address, which again identified the time and date for hearing. 2 I have been asked to dismiss the application for non appearance. I propose to do so. I order that the application be dismissed and that the applicant pay the first respondent's costs. I further order that those costs be fixed in the sum of $1,000. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate: Dated: 3 May 2007 Solicitor for the Respondent: Blake Dawson Waldron Date of Hearing: 1 May 2007 Date of Judgment: 1 May 2007