SZBEF v Minister for Immigration
[2005] FMCA 133
•9 February 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZBEF v MINISTER FOR IMMIGRATION | [2005] FMCA 133 |
| MIGRATION – Dismissal where no attendance. |
Federal Magistrates Court Rules 2001
| Applicant: | SZBEF |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SYG1584 of 2003 |
| Delivered on: | 9 February 2005 |
| Delivered at: | Sydney |
| Hearing date: | 9 February 2005 |
| Judgment of: | Raphael FM |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Ms R Francois |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.
Applicant pay the respondent’s costs assessed in the sum of $1,300 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG1584 of 2003
| SZBEF |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
This matter was set down for hearing today at 2.15 pm. The applicant had a solicitor representing him at the directions hearing of the matter but that solicitor filed a Notice of Ceasing to Act on 17 May 2004.
I am advised by Counsel appearing on behalf of the Minister that when her instructing solicitors attempted to serve by courier a copy of their client’s submissions in the matter on 8 February 2005 they were unable to do so. Certain matters were reported to them which are hearsay, but would indicate that the applicant was not at the address given. I am also advised that attempts were made to reach the applicant on a mobile phone number contained in a notice of appearance filed in this court on 17 May 2004 by the applicant himself.
At 3.35 pm the applicant's name was called outside the court but he had not appeared and so at 3.40 pm I propose to dismiss the proceedings pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.
I order that the applicant pay the respondent's costs which I assess in the sum of $4,000 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
Associate:
Date:
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