MZXHI v Minister for Immigration

[2006] FMCA 597

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MZXHI v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 597

MIGRATION – Dismissal pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

Federal Magistrates Court Rules 2001

Applicant: MZXHI

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS and ANOR

File Number: MLG 254 of 2006

Judgment of: Hartnett FM

Hearing date: 4 April 2006

Delivered at: Melbourne

Delivered on: 4 April 2006

REPRESENTATION

The Applicant: No appearance

Counsel for the Respondents: Mr G. Carroll

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. That the application filed 20 February 2006 as amended by amended application filed 20 March 2006 is dismissed pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

2. That the applicant pay the costs of the first respondent fixed in the sum of $1000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 254 of 2006

MZXHI

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS and ANOR

Respondents

REASONS FOR JUDGMENT

1. Proceedings commenced by the applicant filing an application on 20 February 2006.  That application noted that the matter was returnable this day at 9.30 am.  The applicant was called outside the court at 9.30 am and failed to answer the call.  Counsel appeared on behalf of the first-named respondent.

2. The matter was adjourned to approximately 10.30 am whereupon again the applicant was called outside the court.  Again, the applicant failed to respond to the call.  In the interim counsel for the first respondent had telephoned the phone number as provided by the applicant and spoke to a person at that household, the applicant being not present at the household.

3. The first respondent filed a response on 24 February 2006 seeking a dismissal of the application by way of interlocutory order on the grounds that the application had not raised an arguable case for the relief claimed pursuant to rule 44.12(1) subparagraph (a) of the Federal Magistrates Court Rules 2001.

4. The applicant filed an amended application on 20 March 2006 and has filed also an affidavit on 20 March 2006 on which he would rely. The court in the absence of the applicant's attendance this day to prosecute his application shall dismiss it pursuant to rule 13.03A subparagraph (c) of the Federal Magistrates Court Rules 2001.  As the application is dismissed the court shall make a costs order against the applicant and in favour of the first respondent.

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

Associate:  Tracey Jones

Date:  4 April 2006