S1104 of 2003 v Minister for Immigration
[2004] FMCA 1078
•17 December 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| S1104 OF 2003 v MINISTER FOR IMMIGRATION | [2004] FMCA 1078 |
| MIGRATION – Application to review decision by Refugee Review Tribunal – Applicant failed to appear when matter listed in non-compliance list – application dismissed. |
| Applicant: | APPLICANT S1104 of 2003 |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SYG749 of 2004 |
| Delivered on: | 17 December 2004 |
| Delivered at: | Sydney |
| Hearing date: | 17 December 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: | Australian Government Solicitors |
ORDERS
That there being no appearance by the Applicant the application is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.
That pursuant to Rule 21.02(2)(a) of the Federal Magistrates Court Rules the Applicant pay the Respondent’s costs set in the amount of $1,800 .
That the solicitor for the Respondent notify the Applicant of the Orders made today and the effect of Rule 16.05(2)(a) of the Federal Magistrates Court Rules by letter sent by prepaid post to the address for service within seven days of today’s date.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG749 of 2004
| APPLICANT S1104 OF 2003 |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This matter was placed in the non-compliance list at the request of the solicitor for the respondent who properly notified the applicant of the date and time. The applicant did not appear at 11:15am when the matter was listed or when the matter was called at 11:30am. The respondent seeks that the application be dismissed.
Given that the applicant has not appeared, the most appropriate way to proceed is to dismiss the application for review pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules (rather than to consider whether to dismiss it pursuant to Rule 13.03(2)(b)).
Otherwise the orders that the respondent seeks (including notification to the applicant of the effect of Rule 16.05) are appropriate.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 2 March 2005.
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