FEDERAL COURT OF AUSTRALIA

Yu v Minister for Immigration & Multicultural Affairs [2000] FCA 1138

YOU SHENG YU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 588 OF 2000

HELY J

4 AUGUST 2000

SYDNEY

THE COURT ORDERS THAT:

1.                  The application be dismissed with costs.

2.                  The respondent serve a copy of the order on the applicant.

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

REASONS FOR JUDGMENT

1                     This matter was listed for directions before Registrar Hedge on 22 June 2000 and the matter was then fixed for hearing before me at 10.15 am this morning.  The applicant was present at the directions hearing and according to a notation on the short notes of order, the directions given included a direction that the matter be listed for hearing at 10.15 am this morning, were translated to Mr Yu by a Mandarin interpreter.

2                     Mr Yu is not present this morning and he has not been in contact with the respondent's solicitors.  Nor has he complied with the direction that he file and serve an outline of submissions five working days prior to the hearing date.  In those circumstances, Mr Pearson suggests that I should make an order under Order 32 rule 2(1)(c) dismissing the application and I propose to do so.  I order that the application be dismissed with costs and I direct that the respondent serve a copy of this order upon the applicant.

Associate:

Dated:              14 August 2000