MZWXD v Minister for Immigration

[2005] FMCA 1972

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZWXD v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 1972

MIGRATION – Default of appearance by party at hearing – application dismissed for non-attendance.

Federal Magistrates Court Rules 2001, rr.13.03A(c) & 16.05(2)(a)

Applicant: MZWXD

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: MLG80 of 2005

Judgment of: O’Dwyer FM

Hearing date: 9 November 2005

Delivered at: Melbourne

Delivered on: 9 November 2005

REPRESENTATION

The Applicant: No appearance

Counsel for the First Respondent: Mr Mosley

Solicitors for the First Respondent: Australian Government Solicitor

Second Respondent: No appearance

ORDERS

1. Leave is granted to join the Refugee Review Tribunal as Second Respondent.

2. The Application for Review filed on 21 January 2005 be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

3. The Applicant pay the First Respondent’s costs fixed in the sum of $6,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG80 of 2005

MZWXD

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

And

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. Leave granted to join the Refugee Review Tribunal as Second Respondent.

2. As there has been no appearance by the Applicant, pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001(the Rules), the application filed on 21 January 2005 is dismissed.

3. In dismissing the application for non–appearance, as is my usual practice in such circumstances, I did not consider the merit of the application and did not make any findings.  Should the Applicant seek to challenge my decision, r.16.05(2)(a) of the Rules provides an avenue to do so.

4. On the application of the First Respondent for costs, I find the application for the same in the sum of $6,000.00 both necessarily incurred and reasonable.

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

Associate: 

Date:  9 November 2005