S1419 of 2003 v Minister for Immigration

[2006] FMCA 342

FEDERAL MAGISTRATES COURT OF AUSTRALIA

S1419 of 2003 v MINISTER FOR IMMIGRATION [2006] FMCA 342

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of decision of the RRT affirming a decision of a delegate of the Minister not to grant the applicant a protection visa – applicant a citizen of Bangladesh who has since left Australia.

PRACTICE & PROCEDURE – Discontinuance – costs.

Judiciary Act 1903 (Cth),s.39B
Migration Act 1958 (Cth),s.483A
Federal Magistrates Court Rules 2001 r.13.02

Applicant: APPLICANT S1419 of 2003

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 645 of 2004

Delivered on: 1 March 2006

Delivered at: Sydney

Hearing date: 1 March 2006

Judgment of: Scarlett FM

REPRESENTATION

Applicant: No Appearance

Solicitor for the Respondent: Mr Cramer

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. The Applicant is to pay the Respondent Minister’s costs fixed in the sum of $2,500.00.

2. I NOTE that the Application for Judicial Review was discontinued on 17 November 2005.

3. I vacate the hearing date of 8 May 2006.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 645 of 2004

APPLICANT S1419 of 2003

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an application for costs in respect of an application for review of a decision in the Refugee Review Tribunal which was discontinued on the 17^th November 2005.

2. I am satisfied from reading the affidavit of Benjamin Cramer sworn

   
   

   1^st March 2006 that the Applicant left Australia on 1^st December 2005.

3. I am also satisfied that the Applicant was informed by a letter forwarded to his last known address, being a post office box in Lakemba in New South Wales, on 21^st February 2006, that the Applicant was informed of the costs application.

4. The application was listed for 10:15am.  It is now 11:18am and the Applicant has not appeared. In view of the fact that he has left Australia that absence is readily explainable.

5. The Federal Magistrates Court Rules 2001 provide that costs may be awarded on discontinuance and in my view this is an appropriate circumstance. The Minister seeks the sum of $2,500.00 on a party and party basis. My perusal of the file indicates that this seems to me to be an appropriate figure.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  Virginia Lee

Date:  9 March 2006