Chokcharoenlert v Minister for Immigration

[2006] FMCA 1262

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHOKCHAROENLERT v MINISTER FOR IMMIGRATION [2006] FMCA 1262

MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – failure of applicant to appear at hearing before this Court – application dismissed pursuant to r.13.03A(c) Federal Magistrates Court Rules 2001.

Federal Magistrate Court Rules 2001, rr.13.03A(c); 16.05; sch.1

Applicant: MALIWAN CHOKCHAROENLERT

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

File No: SYG162 of 2005

Judgment of: Emmett FM

Hearing date: 11 August 2006

Date of last submission: 11 August 2006

Delivered at: Sydney

Delivered on: 11 August 2006

REPRESENTATION

No appearance by the Applicant

Solicitors for the Respondent: Mr A. Cox, Phillips Fox

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG162 of 2005

MALIWAN CHOKCHAROENLERT

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. It is now 10.50am and the applicant has been called three times in respect of this matter.

2. The respondent seeks an order that the proceeding before this Court commenced by the applicant by way of application filed on 19 January 2005 be dismissed pursuant to rule 13.03A(c) of the Federal Magistrate Court Rules 2001 on the basis of the absence of the applicant today.

3. I note that at the first Court date of this matter on 7 February 2005, there was no appearance by the applicant.  The first Court date was then stood over to 14 February 2005 for directions.  On 14 February 2005,, the applicant did appear and directions were made for trial by consent, including setting down the matter for hearing today at 10.15am.

4. In the circumstances I am satisfied that the applicant was aware of today's hearing, and for whatever reason has chosen not to appear. In the circumstances, it is appropriate that the application be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.

5. The respondent seeks costs fixed in the amount of $2580.  The respondent in the circumstances is entitled to a sum at least as much as the sum sought in accordance with schedule 1 of the old Federal Magistrate Court Rules.  Accordingly, I am satisfied that the sum sought is reasonable.

6. I direct the respondent to notify the applicant at the applicant's identified address for service of the orders made today, together with a copy of rule 16.05 of the Federal Magistrate Court Rules[FMCoA1] 2001.

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

Deputy Associate:  S. Tsang

Date:  24 29 August 2006

[FMCoA1]Sylvia – I pasted this here from the orders section.