Specialist in Australian Immigration, Migration Consultant and Online Australian Visa Assessment Service.
Australian Immigration Specialists - Australian Immigration Consultants Online Australian Visa Assessments for immigration to Australia
  Research Home

Categories
Administrative Appeals Tribunal
Federal Court
Federal Magistrates Court
Full Federal Court
High Court
Migration Review Tribunal
Other Jurisdictions
Refugee Review Tribunal
Recently Added
Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

MIGRATION - Application for review of Migration Review Tribunal- refusal of a Student (Temporary) (Class TU) visa - application dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 where the applicant did not appear.

Chi v Minister for Immigration [2004] FMCA 654 (29 September 2004)

Chi v Minister for Immigration [2004] FMCA 654 (29 September 2004)
Last Updated: 22 December 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHI v MINISTER FOR IMMIGRATION
[2004] FMCA 654




MIGRATION - Application for review of Migration Review Tribunal- refusal of a Student (Temporary) (Class TU) visa - application dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 where the applicant did not appear.




Federal Magistrates Court Rules 2001, Rule 13.03A(c)

Applicant:
WAI KING CHI




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SZ2607 of 2004




Delivered on:


29 September 2004




Delivered at:


Sydney




Hearing date:


24 September 2004




Judgment of:


Lloyd-Jones FM




REPRESENTATION

Applicant:


Nil




Solicitors for the Respondent:


Phillips Fox





ORDERS

(1) That the application be dismissed pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

(2) The applicant is to pay the respondent's costs and disbursements of and incidental to the application, fixed in the sum of $500.00.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SZ2607 of 2004

WAI KING CHI



Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS





Respondent


REASONS FOR JUDGMENT
Introduction

1. This is an application for review of a decision of the Migration Review Tribunal ("the Tribunal") made on 21 July 2004 which affirmed the decision of the Minister's delegate not to grant of a Student (Temporary) (Class TU) visa to the applicant.

2. The matter was listed before me for directions on 10 September 2004 and there was no appearance by the applicant. The matter was re-listed for 24 September 2004 and the solicitor for the respondent was to notify the applicant as to the date and time of the further listing.

3. The matter was listed for 10.30 a.m. this morning. It did not immediately proceed at that time because the applicant was not in Court. I stood the matter down until 11.05 a.m.. The applicant was called but was not in attendance.

4. In all the circumstances it seems to be appropriate that in the absence of an appearance I should dismiss the application pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001, which is a dismissal in default of appearance of a party. The applicant does not lose any substantive rights by that dismissal. He is entitled to apply to the Court to vary or set aside the order if he wishes to do so. It is then a matter of discretion whether or not the Court will set aside the order.

5. I am also asked to make an order for costs, which I propose to do. That of course, will form part of the orders which the applicant, if he chooses, can apply to seek to set aside.

6. The respondent seeks an order for $500.00 costs and in the circumstances of this case I am satisfied that this is an appropriate amount.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Lloyd-Jones FM

Associate: Menna McMullan

Date: 29 September 2004
Australia Immigration Consultants and Online Australia Visa Assessments for immigration to Australia