MZWCU v Minister for Immigration

[2005] FMCA 349

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZWCU & ANOR  v MINISTER FOR IMMIGRATION [2005] FMCA 349

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa.

Migration Act 1958 (Cth)

Applicants: MZWCU & MZWCV

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: MLG 110 of 2004

Delivered on: 2 March 2005

Delivered at: Melbourne

Hearing Date: 2 March 2005

Judgment of: Riethmuller FM

REPRESENTATION

Counsel for the Applicants: No appearance

Counsel for the Respondent: Mr Carroll

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The applicant’s application be dismissed.

2. The applicants do pay the respondent's costs fixed in the sum of $5,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 110 of 2004

MZWCU & MZWCV

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. In this matter directions were issued some time ago which have not been complied with.  The applicants have been called and have not appeared in court.  There is evidence on an affidavit from Mr Carroll, solicitor with the Australian Government Solicitor's office, confirming that the applicants have now left the country. 

2. In the circumstances it is clear that the applicants do not intend to pursue the application and the appropriate course is therefore that the matter be dismissed.

3. I therefore order that the application be dismissed and that the applicants pay the respondent's costs fixed in the sum of $5,000.00.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Riethmuller FM.

Associate: 

Date: