SZBKR v Minister for Immigration

[2004] FMCA 982

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBKR v MINISTER FOR IMMIGRATION [2004] FMCA 982

MIGRATION – Summary dismissal for non-appearance.

Federal Magistrates Court Rules 2001

Applicant: SZBKR

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG1869 of 2003

Delivered on: 1 December 2004

Delivered at: Sydney

Hearing date: 1 December 2004

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs assessed in the sum of $1,750.00 pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1869 of 2003

SZBKR

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant did not appear at the hearing of the respondent's application that was set down for hearing at 9.30 am on 1 December 2004.  The applicant had still not appeared at 10.00am.

2. The respondent asks that the applicant's application be dismissed on the grounds of her non-appearance.  I note that the applicant did not appear before the Tribunal.  I note that the applicant has not complied with the orders of the court to file an amended application and affidavit in support even though that was required by 28 February 2004.  In those circumstances I make the following orders noting that there has been handed to me copies of two letters advising the applicant of today's hearing which will form the basis of the affidavit of service I have ordered to be filed.

   (1)That upon the respondent filing in court an affidavit of service of the notice of motion (application) dated 2/9/04 the substantive application be dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.

   (2)The applicant is to pay the respondent's costs assessed in the sum of $1,750.

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

Associate: 

Date: