Kim v Minister for Immigration

[2007] FMCA 2055

FEDERAL MAGISTRATES COURT OF AUSTRALIA

KIM & ANOR v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 2055

MIGRATION – No appearance.

Migration Regulations 1994, cl.442.223

First Applicant: SILVIA EUN HA KIM

Second Applicant: TONG CHAN REE

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File number: SYG 2425 of 2006

Judgment of: Raphael FM

Hearing date: 16 November 2007

Date of last submission: 16 November 2007

Delivered at: Sydney

Delivered on: 16 November 2007

REPRESENTATION

Applicant No appearance

Counsel for the Respondent: Mr Mantzianis

Solicitors for the Respondent: Blake Dawson

ORDERS

1. Application dismissed pursuant to Rule 13.03A(c) Federal Magistrates Court Rules 2001.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $3,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2425 of 2006

SILVIA EUN HA KIM

First Applicant

TONG CHAN REE

Second Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This application for review of a decision of the Migration Review Tribunal was filed with this Court on 30 August 2006. The applicants had not attended the hearing of the Migration Review Tribunal.

2. On 5 October 2006 the female applicant attended a directions hearing and signed short minutes of order which advised her that the matter would be heard on 9 November 2007. On 26 October 2007 a letter was written to the female applicant at her address for service advising her that the matter would be heard today at 11.15am in this Court at 88 Goulburn Street.

3. The applicant was not present when this matter was due to commence at 11.15am and she was still not present at 11.30am when her name was called outside the Court. In her absence I admitted an affidavit of Hailey Anne Blackman sworn on 15 November 2007 which provided particulars of the nomination decision, the refusal of which had meant that the applicant's own application for an educational (temporary) (class TH) visa was not capable of being approved because it did not meet the requirements of cl.442.223 of the Migration Regulations 1994.

4. In the absence of the applicants, I propose to dismiss this application pursuant to Part13, rule 13.03A(c) of the Federal Magistrates Court Rules 2001 and order that the applicants pay the first respondent's costs assessed in the sum of $3500.00.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date:  6 December 2007