SZACJ v Minister for Immigration

[2003] FMCA 154

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZACJ v MINISTER FOR IMMIGRATION [2003] FMCA 154

MIGRATION – Review of decision of Refugee Review Tribunal – where the applicant failed to appear at the Tribunal hearing and at the hearing for review.

Migration Act 1958 (Cth), s.426A
Federal Court Rules, O.32 r 2

Applicant: SZACJ

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 1304 of 2002

Delivered on: 17 April 2003

Delivered at: Sydney

Hearing date: 17 April 2003

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Mr R Beech-Jones

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed pursuant to Order 32 Rule 2 of the Federal Court Rules.

2. Applicant to pay the respondent’s costs assessed in the sum of $4,000.00 pursuant to Part 21 Rule 21.02(a)(ii) of the Federal Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 1304 of 2002

SZACJ

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. In this matter I note that the applicant did not appear before the Refugee Review Tribunal. It decided on his application in his absence pursuant to s.426A of the Migration Act 1958 (Cth). He has not appeared in Court today and his name has been called.

2. In the circumstances I dismiss the application pursuant to Order 32, Rule 2 of the Federal Court Rules and order that the applicant pay the respondent's costs assessed in the sum of $4,000 pursuant to Part 21, Rule 21.02(a)(ii) of the Federal Court Rules.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date: