Chi, Tong Chun v Minister for Immigration & Ethnic Affairs [1997] FCA 692

Chi, Tong Chun v Minister for Immigration & Ethnic Affairs [1997] FCA 692

Because the applicant was absent, had expressly indicated that he did not wish to pursue the application, and the grounds in the application appeared very unlikely to be made out, it was appropriate to dismiss the application and order the applicant to pay the Minister's costs.

Jurisdiction
Australia
Judgment Date
10 July 1997
Procedural Posture
Application Pursuant to Order 54 B of the Federal Court Rules Seeking Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Hearing; Applicant Indicated Withdrawal and Did Not Appear; Application Dismissed With Costs
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'withdrawal of Application' 'dismissal for Non Prosecution' 'costs']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'withdrawal of Application' 'dismissal for Non Prosecution' 'costs']

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Procedural Posture

Application Pursuant to Order 54 B of the Federal Court Rules Seeking Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Hearing; Applicant Indicated Withdrawal and Did Not Appear; Application Dismissed With Costs

Legal Issues

  1. 1 ['Whether the application for review should be dismissed after the applicant indicated that he did not wish to proceed and did not appear.' "Whether the applicant should pay the Minister's costs of the proceedings."]

Ratio Decidendi

Because the applicant was absent, had expressly indicated that he did not wish to pursue the application, and the grounds in the application appeared very unlikely to be made out, it was appropriate to dismiss the application and order the applicant to pay the Minister's costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the Minister's costs of the proceedings." "The Minister communicate with the applicant in writing, informing him of the Court's order and drawing his attention to the rules entitling a party against whom an order has been made in his absence to apply to have the...