NAZX v Minister for Immigration
[2006] FMCA 599
•12 April 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NAZX v MINISTER FOR IMMIGRATION | [2006] FMCA 599 |
| MIGRATION – Dismissal for non attendance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | NAZX |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File number: | SYG2152 of 2004 |
| Judgment of: | Raphael FM |
| Hearing date: | 12 April 2006 |
| Date of last submission: | 12 April 2006 |
| Delivered at: | Sydney |
| Delivered on: | 12 April 2006 |
REPRESENTATION
| For the Applicant: | No Appearance |
| Counsel for the Respondent: | Ms M McNaughton |
| Solicitors for the Respondent: | Blake Dawson Waldron |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.
Applicant to pay the respondent’s costs assessed in the sum of $4,250.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2152 of 2004
| NAZX |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
These proceedings were ordered into this court by Lindgren J on 12 March 2004. On 28 January 2005 the applicant attended a directions hearing before the Registrar in which short minutes of order were made appointing today at 10.15a.m. for the hearing of the matter. The applicant was required to file submissions seven days before the hearing but nothing was received.
The applicant, who did not attend before the Refugee Review Tribunal, was not in attendance in the court at 10.15a.m. and although she was called she had not appeared by 10.40a.m. I am advised by Ms McNaughton, who appears for the Minister, that her instructor telephoned the applicant on a mobile phone number that the applicant had given to the Tribunal but received a message that incoming calls were restricted. In the circumstances I believe it is appropriate to dismiss this matter pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules and to order that the applicant pay the respondent's costs which I assess in the sum of $4,250 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
0
0
1