FEDERAL COURT OF AUSTRALIA

Ming Di He v Minister for Immigration  & Multicultural Affairs [2000]

FCA 1810

MING DE HE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 792 OF 2000

TAMBERLIN J

SYDNEY

6 DECEMBER 2000

REASONS FOR JUDGMENT

1                     When this matter was called on for hearing there was no appearance by the applicant.  I note that in a letter dated 27 November 2000 the applicant wrote to the Federal Court indicating that he had decided to withdraw his application for review with the Federal Court and would not attend the hearing on 6 December 2000.  I have heard a statement from the bar table by the solicitor representing the respondent.  I am satisfied that the applicant has had an opportunity to appear and has elected not to appear in the matter and is desirous of withdrawing the application for review.  In these circumstances the appropriate order is that the application be dismissed. 

2                     I am satisfied that an outline of the costs which are being claimed was notified to a person who appears to have been in close contact with the applicant and therefore, in those circumstances, the costs should follow the event and I make an award of costs to be taxed or agreed between the parties. This matter is now finalised. 

3                     I also mention the provisions of O 35 r 7 of the Federal Court Rules which provide that the court may vary or set aside a judgment order where it has been entered as a result of non-appearance provided that the requirements of that section and of the law are satisfied.  I direct that a copy of this judgment be sent to the applicant at his last notified address. 

Associate:

Dated:              21 December 2000