NAKZ v Minister for Immigration

[2003] FMCA 283

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NAKZ v MINISTER FOR IMMIGRATION [2003] FMCA 283

MIGRATION – Non appearance.

Federal Court Rules O 32, r 2(1)(c)

Applicant: NAKZ

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 559 of 2003

Delivered on: 2 July 2003

Delivered at: Sydney

Hearing date: 2 July 2003

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Mr S Lloyd

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed.

2. Applicant to pay respondent’s costs in the sum of $4,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 559 of 2003

NAKZ

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This matter was originally set down for hearing at 2.15pm on 2 July 2003.  The applicant who was present at the directions hearing was made aware of that date and time.  On 27 June 2003 he was sent a letter by the solicitors for the respondent providing him with a copy of the respondent's submissions.  That letter also indicated the date and time of the hearing. 

2. Because of problems with the interpreter (not of the interpreter's making) the hearing time was in fact delayed until 2.30 but the applicant was not advised of this.  There have been people in court since 2.15pm.  It is now 2.40pm and after having the matter called the applicant has not appeared.  In the circumstances I dismiss this matter pursuant to Order 32, Rule 2(1)(c) of the Federal Court Rules.

3. I order that the applicant pay the respondent's costs which I assess in the sum of $4,000.00.

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

Associate: 

Date: