KAUR v Minister for Immigration

Case

[2011] FMCA 928

17 November 2011


FEDERAL MAGISTRATES COURT OF AUSTRALIA

KAUR v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 928
MIGRATION – No Appearance.
Federal Magistrates Court Rules 2001
Applicant: JASPREET KAUR

First Respondent:

Second Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

MIGRATION REVIEW TRIBUNAL

File Number: SYG 2312 of 2011
Judgment of: Raphael FM
Hearing date: 17 November 2011
Date of Last Submission: 17 November 2011
Delivered at: Sydney
Delivered on: 17 November 2011

REPRESENTATION

For the Applicant: No appearance
Solicitors for the Respondent: DLA Piper Australia

ORDERS

  1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

  2. Applicant to pay the First Respondent’s costs assessed in the sum of $1,250.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 2312 of 2011

JASPREET KAUR

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

  1. In this matter the applicant filed an application for a review of the decision of the Migration Review Tribunal on 12 October 2011. The document which he filed indicated on the front page that the matter was to be brought before this court for directions today at 9.30a.m. The applicant would have received the document with that notation on it because he served it upon the respondent. The applicant was not present in court at 9.30a.m, nor was he present when his name was called outside at 9.55a.m. In those circumstances I propose to dismiss the application for non-appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001..  The applicant must pay the first respondent’s costs which I assess on the sum of $1,250.00. 

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM.

Date:  24 November 2011

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