NAWK v Minister for Immigration
[2004] FMCA 1054
•23 June 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NAWK v MINISTER FOR IMMIGRATION | [2004] FMCA 1054 |
| MIGRATION – Application to review decision of Refugee Review Tribunal – decision of Refugee Review Tribunal – application by respondent for dismissal of application under Rule 13.03(2)(b) of the Federal Magistrates Court Rules – no appearance by applicant. |
| Applicant: | NAWK |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SYG2936 of 2003 |
| Delivered on: | 23 June 2004 |
| Delivered at: | Sydney |
| Hearing date: | 23 June 2004 |
| Judgment of: | Barnes FM |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Nil |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
That there being no appearance by the applicant the application is dismissed pursuant to Rule 13.03A(c).
That the applicant pay the respondent’s costs set in the amount of $1,500.
NOTE: That the respondent will notify the applicant of these orders and the effect of Rule 16.05 of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2936 of 2003
| NAWK |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
In this matter the applicant has not appeared either at the time at which the matter was listed which was 12.15 or now, at after twenty to one. There is no contact telephone number for the applicant in the Court Book nor does the respondent’s solicitor have his telephone number. In these circumstances I consider that the appropriate way to proceed is to dismiss the application on default of appearance of the applicant under Rule 13.03A(c) of the Federal Magistrates Court Rules and also to note that the respondent will advise the applicant of the effect of Rule 16.05 of the Federal Magistrates Court Rules.
I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Barnes FM
Associate:
Date:
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