FEDERAL COURT OF AUSTRALIA

Tjiuw v Minister for Immigration & Multicultural Affairs [2000] FCA 1030

DJIN KHIONG TJIUW v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 347 OF 2000

HELY J

21 JULY 2000

SYDNEY

THE COURT ORDERS THAT:

1.                  The application be dismissed with costs.

2.                  A copy of this order be served on the applicant by the respondent.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     This matter was commenced by an application for an order of review filed on 13 April 2000.  The matter was listed for directions on 4 May 2000.  On that occasion there was no appearance by the applicant and the matter was stood over to 11 May 2000.  On 8 May 2000 the applicant wrote to the court apologising for his non-attendance on 4 May and giving some explanation for that failure.  The letter stated that the applicant had lodged an application with the New South Wales Bar Association for legal assistance. 

2                     The matter came on for further directions on 11 May 2000.  On that occasion short minutes of order signed by the applicant were made by consent.  Those orders included fixing the matter for hearing before me this morning, as well as a direction that the applicant should file and serve written submissions five working days prior to the hearing of the application.  No such submissions have been filed.  On 18 July 2000 Stephen Chan of YM Global Australia Pty Limited, a migration agent, wrote to the Australian Government Solicitor indicating that the applicant was still seeking assistance from the Bar Association and that he had forwarded the Green Book to the Bar Association's office for their assessment.  The letter continues:

“In the meantime, Mr Tjiuw will appear on 21 July 2000 and will seek adjournment if a result from the Bar Association is not known at that time.”

3                     When the matter was called on for hearing this morning the applicant did not appear.  Mr Markus seeks an order under Order 32 rule 2(1)(c).  In the circumstances I think that such an order should be made.  I therefore order that the application be dismissed with costs.  I direct that a copy of this order be served upon the applicant by the respondent.  I should add that an interpreter arranged by the court was present this morning in the expectation that the applicant would attend.  Mr Hartanto, I am sorry that your time has been wasted; thank you for coming.

Associate:

Dated:              1 August 2000