FEDERAL COURT OF AUSTRALIA

Zhang v Minister for Immigration & Multicultural Affairs [1999] FCA 887

GUO RONG ZHANG V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 1156 OF 1998

Burchett J

10 June 1999

Sydney

EX TEMPORE REASONS FOR JUDGMENT

1                     This is an application to review a decision of the Refugee Review Tribunal.  I have read and considered that decision.  Mr Zhang has not appeared today, notwithstanding evidence put before me which shows quite clearly that, not only was the solicitor who was originally acting for him notified of today's hearing date, but because that solicitor had indicated some difficulty in communication with his client, and a desire to withdraw from the case, at least two letters were sent directly to Mr Zhang by the solicitor handling the matter at the Australian Government Solicitor's office.  At least one letter, giving adequate notice, was sent, as is shown by the affidavit verifying the sending of it, in the appropriate manner to obtain an advice receipt and delivery confirmation from Australia Post.  These bear a signature purporting to be the signature of Mr Zhang, which I have compared with two signatures of his contained in the relevant documents.  I am quite satisfied that Mr Zhang in fact received the letter, the signature being his signature.

2                     There is authority that summary orders should not be made without some consideration of the case, and I have, as I have said, read and considered the reasons of the Tribunal in this case.  I can myself find no indication of any error of law; and none has been submitted to me.  As there has been no appearance, I now dismiss the application with costs.

Associate:

Dated:              10 June 1999