MZWLU v Minister for Immigration

[2005] FMCA 249

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZWLU & Ors v Minister for Immigration [2005] FMCA 249

MIGRATION – Application for review of decision of Refugee Review Tribunal – directions hearing – default of appearance of applicant – Federal Magistrates Court Rules 2001 (Cth) Rule 13.03A(c) – application dismissed – costs.

Federal Magistrates Court Rules 2001 (Cth)

Applicants: MZWLU & MZWLV & MZWLW & MZWLX

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: MLG 748 of 2004

Delivered on: 21 February 2005

Delivered at: Melbourne

Hearing Date: 21 February 2005

Judgment of: Hartnett FM

REPRESENTATION

The Applicants: No appearance

Counsel for the Respondent: Mr B.C.J. Wee

Solicitor for the Respondent: Australian Government Solicitor

ORDER

1. The application filed 15 June 2004 is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

2. The applicant pay the costs of the respondent fixed in the sum of $2,200.

3. Pursuant to rule 21.15 of the Federal Magistrates Court Rules2001 the Court certifies that it was reasonable for the parties to employ an advocate.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 748 of 2004

MZWLU & MZWLV & MZWLW & MZWLX

Applicants

and

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicants (the applicant) made application to this Court on

   
   

   15 June 2004.  That application for an order to review was amended by application filed 29 October 2004.  The grounds of that application were as set out in paragraphs 1 and 2 of the amended application namely that the respondent failed to observe the proper procedures with regard to the applicant and to act in accordance with substantial justice and that the respondent exceeded its jurisdiction.  Particulars of each ground were provided.

2. On 15 September 2004 Registrar Mussett made procedural orders in the matter.  On 24 November 2004 Registrar Mussett made further procedural orders in the matter.  On 3 February 2005 orders were made by me vacating the orders made by Registrar Mussett on 24 November 2004 and listing the matter for directions on 21 February 2005.  Costs were reserved. 

3. I am satisfied that each of the applicant and respondent were notified of the hearing this day.  By letter dated 16 February 2005 the court wrote to the applicant advising of the hearing date this day and the requirement that the applicant attend the court in person.  By correspondence of 7 February 2005 the Australian Government Solicitor corresponded with the applicant, again noting the listing of the matter this day and the requirement that the applicant attend at court.  The applicant failed to appear when the matter was called this day and accordingly it proceeds with the applicant failing to prosecute its case.  The respondent appeared and sought a dismissal of the proceedings.

4. As a consequence the Court will make orders dismissing the matter pursuant to rule 13.03A of the Federal Magistrates Court Rules 2001 and requiring the applicant to pay the costs that have to date been incurred by the respondent as fixed in accordance with this Court's scheduled scale of costs.

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

Associate:  Sophie Killen

Date:  21 February 2005