FEDERAL COURT OF AUSTRALIA

Bian Ya Xu v Minister for Immigration & Multicultural Affairs [2001] FCA 720

Bian Ya Xu v Minister for Immigration & Multicultural Affairs

N203 of 2001

moore J

5 june 2001

sydney

THE COURT ORDERS THAT:

1.      The application is dismissed

2.      The applicant pay the respondent’s costs

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

REASONS FOR JUDGMENT

MOORE J

1                     This is an application for judicial review of a decision of the Refugee Review Tribunal of 30 January 2001. This matter was fixed for hearing today, 5 June 2001 at 2.15 at a directions hearing on 10 April 2001.  The applicant then appeared in person assisted by an interpreter.  My recollection is that she was informed and understood that the hearing would take place at the time and date then determined.  There has been no appearance by the applicant and the matter has been called.  Counsel for the Minister seeks an order that the application be dismissed under O 32 r 2(1)(c).  Having regard to the matters just mentioned and also to the fact that the application does not, in terms, appear to raise an issue of substance, I propose to make the order sought.  Accordingly, I order that the application be dismissed and the applicant pay the respondent’s costs.

Associate:

Dated:              13 June 2001

The applicant did not appear.