SZBBG v Minister for Immigration
[2004] FMCA 313
•11 May 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZBBG v MINISTER FOR IMMIGRATION | [2004] FMCA 313 |
| MIGRATION – Appeal from decision of RRT – where applicant does not appear – where matter is dismissed. |
Federal Magistrates Court Rules 2001, Pt 13 r 13.03A(c)
| Applicant: | SZBBG |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ 1476 of 2003 |
| Delivered on: | 11 May 2004 |
| Delivered at: | Sydney |
| Hearing date: | 11 May 2004 |
| Judgment of: | Raphael FM |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Mr D Jordan |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
Application dismissed.
Applicant to pay respondent’s costs in the sum of $3,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ 1476 of 2003
| SZBBG |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
In this matter the applicant filed an application for review on 30 July 2003. He appears to have attended before the Registrar at a directions hearing which took place on 1 October 2003 when short minutes of order were prepared and signed by the applicant. Those indicated that the matter would be listed for hearing on 14 May 2004. However, on 18 February 2004 a letter was written to the applicant advising him of a change of date until 2.15 today, 11 May. Subsequent to that letter, a letter was written by the respondent's solicitors informing the applicant again of the change of date and a further letter was written on 4 May 2004 referring to the change of date. Those letters have been tendered to the court and are Exhibit 1.
At 2.15pm the matter commenced hearing but the applicant was not in attendance. The court waited until 2.35 but the applicant was still not in attendance. He was called again and did not appear. I note from my reading of the court book that the applicant appeared neither before the delegate nor the Tribunal and it is not surprising that he has not appeared here today.
In all the circumstances, I believe that in this case, it is appropriate for dismissal pursuant to the provisions of Part 13, Rule 13.03A(c) of the Federal Magistrates Court Rules. I order that the applicant pay the respondents costs which I assess in the sum of $3,500.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
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