SZBMM v Minister for Immigration

[2005] FMCA 1009

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBMM v MINISTER FOR IMMIGRATION [2005] FMCA 1009

MIGRATION – Dismissal of application for non attendance.

Federal Magistrates Court Rules 2001

Applicant: SZBMM

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG1968 of 2003

Judgment of: Raphael FM

Hearing date: 11 July 2005

Date of Last Submission: 11 July 2005

Delivered at: Sydney

Delivered on: 11 July 2005

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs assessed in the sum of $4,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1968 of 2003

SZBMM

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. These proceedings were commenced by application filed on 24 September 2003. After an application for dismissal pursuant to Rule 13.10(a) of the Federal Magistrates Court Rules 2001 had been issued on 30 September 2004. The applicant filed an amended application dated 27 October 2004 and the Minister's application was withdrawn. 

2. In a letter dated 12 January 2004 advising the applicant that the Minister was withdrawing the summary judgment application the Minister's solicitors reminded the applicant of the hearing which was listed for today at 2.15pm. At 2.40pm, the applicant has not appeared and has had his name called outside the court. In those circumstances I think it is appropriate that the proceedings be dismissed 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.

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

Associate:

Date: