Ly v Minister for Immigration & Multicultural Affairs [2000] FCA 559

The application was dismissed because the applicant did not attend the hearing after being notified and had indicated an intention to withdraw the application; additionally, the Tribunal's reasons disclosed no matter giving rise to a ground for review under s 476(1) of the Migration Act 1958.

Jurisdiction: Australia
Judgment Date: 27 April 2000
Procedural Posture: Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Hearing; Ex Tempore Reasons for Judgment
Outcome: Application dismissed with costs.
Legal Topics: ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'well Founded Fear of Persecution' 'political Opinion' 'non Appearance' 'discontinuance' 'costs']

['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'well Founded Fear of Persecution' 'political Opinion' 'non Appearance' 'discontinuance' 'costs']

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Hearing; Ex Tempore Reasons for Judgment

Legal Issues

1 ['Whether the application should be dismissed where the applicant did not attend the hearing and had written indicating an intention to withdraw the application.' "Whether the Tribunal's reasons disclosed any matter giving rise to a ground for review under s 476(1) of the Migration Act 1958."]

Ratio Decidendi

Court Disposition

Application dismissed with costs.

Orders

['The application is dismissed.' "The applicant is to pay the Minister's costs of the application."]