AZABW v Minister for Immigration
[2013] FMCA 210
•15 March 2013 – Ex tempore
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| AZABW v MINISTER FOR IMMIGRATION & ANOR | [2013] FMCA 210 |
| MIGRATION – Refugee – applicant fails to appear. |
| Migration Act 1958 (Cth) Federal Magistrates Court Rules (Cth) r.13.03C |
| Applicant: | AZABW |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | ADG 61 of 2012 |
| Judgment of: | Simpson FM |
| Hearing date: | 15 March 2013 |
| Date of Last Submission: | 15 March 2013 |
| Delivered at: | Adelaide |
| Delivered on: | 15 March 2013 – Ex tempore |
REPRESENTATION
| Applicant: | No appearance |
| Counsel for the Respondents: | Mr d'Assumpcao |
| Solicitors for the Respondents: | Australian Government Solicitors |
ORDERS
Pursuant to Rule 13.03C of the Federal Magistrates Court Rules the application is dismissed.
The applicant do pay the respondent’s costs fixed in the sum of SIX THOUSAND, FOUR HUNDRED AND SEVENTY ONE DOLLARS ($6,471.00).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ADELAIDE |
ADG 61 of 2012
| AZABW |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Ex-tempore reasons
In this matter the applicant filed his application on 30 March 2012. In that application he gave his address for service as 37 Leron Avenue, Enfield. There has been no document filed by the applicant indicating any change of address for service.
On 26 October 2012 the Court posted to the applicant at the address for service that I have mentioned, namely 37 Leron Avenue, Enfield. In that document the applicant was advised that the hearing date of 3 December was no longer suitable and that the matter had been relisted by the Court to 15 March 2013 at 2.15 pm.
On 1 November 2012 Mr d’Assumpcao, counsel for the respondent, sent an email to my associate informing the Court that as and from 20 August 2012 the applicant’s address was unit 3/6 Victoria Avenue, Klemzig.
On 26 October 2012 the Court sent a letter to the applicant at his new address at unit 3/6 Victoria Street, Klemzig, SA, 5087, advising him that the matter was listed for hearing before me at 2.15 pm on 15 March.
The matter has been called on three times but the applicant has failed to appear. In those circumstances I consider it appropriate to make an order pursuant to r.13.03C of the Federal Magistrates Court Rules to dismiss the application.
I consider that the respondents are entitled to their costs. There will be a further order that the applicant pay the respondent’s costs fixed in the sum of $6,471.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Simpson FM
Date: 27 March 2013
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