Ming Di He v Minister for Immigration & Multicultural Affairs [2000] FCA 1810

Ming Di He v Minister for Immigration & Multicultural Affairs [2000] FCA 1810

Because the applicant had notice and an opportunity to appear, had elected not to appear, and had indicated in writing that he wished to withdraw the application for review, the application was dismissed and costs were awarded to the respondent to be taxed or agreed.

Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Application for Review / Hearing Where the Applicant Did Not Appear and Had Indicated Withdrawal of the Application
Outcome
Application dismissed with costs to the respondent.
Legal Topics
['application for Review' 'non Appearance' 'withdrawal of Application' 'costs' 'setting Aside Judgment for Non Appearance']
['immigration Law' 'administrative Law' 'civil Procedure'] ['application for Review' 'non Appearance' 'withdrawal of Application' 'costs' 'setting Aside Judgment for Non Appearance']

Case Brief

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Procedural Posture

Application for Review / Hearing Where the Applicant Did Not Appear and Had Indicated Withdrawal of the Application

Legal Issues

  1. 1 ['Whether the application for review should be dismissed where the applicant indicated by letter that he wished to withdraw it and did not attend the hearing.' 'Whether costs should be awarded to the respondent.']

Ratio Decidendi

Because the applicant had notice and an opportunity to appear, had elected not to appear, and had indicated in writing that he wished to withdraw the application for review, the application was dismissed and costs were awarded to the respondent to be taxed or agreed.

Court Disposition

Application dismissed with costs to the respondent.

Orders

  • ['The application is dismissed.' "The applicant is to pay the respondent's costs, to be taxed or agreed between the parties." 'A copy of the judgment is to be sent to the applicant at his last notified address.']