FEDERAL COURT OF AUSTRALIA

Suriyakamol v Minister for Immigration and Multicultural Affairs

[2001] FCA 461

WATCHAREEPORN SURIYAKAMOL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 151 of 2001

CONTI J

12 APRIL 2001

SYDNEY

THE COURT ORDERS THAT:

1.                  The Application be dismissed.

2.         The Applicant pay the costs of the Respondent.

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

REASONS FOR JUDGMENT

1                     The present application is for an order for review of the decision of the Refugee Review Tribunal, which dismissed an application made in turn to that Tribunal for want of prosecution. The present application was filed in this court for review on 19 February, 2001 and sought an order that the Tribunal's finding or decision be quashed or set aside. On each of the two occasions that the present application has been listed for directions in this court before Registrar Hedge, the Applicant has failed to appear. The Applicant has been notified of the mention of the proceedings before me this morning by the solicitors for the Minister and has again failed to appear.

2                     In these circumstances, pursuant to order 10, rule 3, subrule (2), I dismiss the application for review made to this court and direct that notification of that dismissal be furnished to the Applicant.  I order that the costs of the Respondent be paid by the Applicant in connection with such application to this court.

Associate:

Dated:              24 April 2001