SZAHG v Minister for Immigration
[2003] FMCA 536
•17 November 2003
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZAHG v MINISTER FOR IMMIGRATION | [2003] FMCA 536 |
| MIGRATION – Application for review of decision of RRT – where applicant does not appear. |
Federal Court Rules, o 32 r 2(1)(c)
Federal Magistrates Court Rules, Part 21, Rule 21.02(2)(a)
| Applicant: | SZAHG |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ 417 of 2003 |
| Delivered on: | 17 November 2003 |
| Delivered at: | Sydney |
| Hearing date: | 17 November 2003 |
| Judgment of: | Raphael FM |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Robert Beech-Jones |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed.
Applicant to pay respondent’s costs in the sum of $4,250.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ 417 of 2003
| SZAHG |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
In this matter an application was made for review of a decision of the Refugee Review Tribunal on 21 March 2003. At that time the applicant was represented by Messrs Parish Patience Immigration Lawyers. He filed a full application. The matter was called over before the Registrar on 23 April 2003 when the applicant was represented by a Mr Hugo. Orders were made, including an order that the matter be set down for hearing on 17 November 2003 at 10.15 am.
On or about 7 November 2003 there was filed in this court a notice advising that the applicant's solicitor had ceased to act for him and an affidavit in support by Mr Dobbie was filed. I am advised by Mr Beech-Jones, who appears on behalf of the Minister, that on Friday his instructing solicitor contacted the applicant for the purposes of inquiring whether or not the applicant wished to utilise the services of an interpreter for the hearing today. The applicant advised the solicitor that he did not wish to do so because his partner, Mr Miller, would assist him.
At 10.14 a.m. this morning the applicant did not appear. At 10.35 am this morning the matter was called outside the court and a search was made for a person of the applicant's appearance. No response was obtained. In those circumstances I propose to dismiss the application pursuant to Federal Court Rules, Order 32 Rule 2(1)(c). I order that the applicant pay the respondent's costs which are assessed in the sum of $4,250.00 pursuant to Part 21, Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
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