SZBPJ v Minister for Immigration
[2005] FMCA 1082
•25 July 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZBPJ v MINISTER FOR IMMIGRATION | [2005] FMCA 1082 |
| MIGRATION – Dismissal for non appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZBPJ |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG2096 of 2003 |
| Judgment of: | Raphael FM |
| Hearing date: | 25 July 2005 |
| Date of Last Submission: | 25 July 2005 |
| Delivered at: | Sydney |
| Delivered on: | 25 July 2005 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed.
Applicant to pay the respondent’s costs assessed in the sum of $3,000 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2096 of 2003
| SZBPJ |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
These proceedings were set down for hearing at 2.15 pm today at a directions hearing which took place on 11 February 2004 which appears to have been attended by the applicant who signed short minutes of order in her own language. At 2.35 pm today she has not yet appeared and her name has been called outside the court. I note that the applicant did not appear before the Tribunal either.
In the circumstances it is appropriate to dismiss these proceedings pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules and to order that the applicant pay the respondent's costs which I assess in the sum of $3,000 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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