SZBZA v Minister for Immigration

[2005] FMCA 940

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBZA v MINISTER FOR IMMIGRATION [2005] FMCA 940

MIGRATION – Dismissal for non-attendance.

Federal Magistrates Court Rules 2001

Applicant: SZBZA

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG2534 of 2003

Judgment of: Raphael FM

Hearing date: 30 May 2005

Date of Last Submission: 30 May 2005

Delivered at: Sydney

Delivered on: 30 May 2005

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs assessed in the sum of $1,800.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2534 of 2003

SZBZA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant who did not appear before the Refugee Review Tribunal filed an application on 21 November 2003.  The matter was placed in a directions list and orders were made on 14 April 2004 requiring her to file an amended application by 4 July 2004.  The matter was listed for hearing on 28 July 2005.  The applicant has not filed an amended application and the respondent has sought that the matter be dismissed for her non-compliance. 

2. The matter was listed for today at 9.30 am. The applicant was served with notice of the hearing, details of which are contained in the affidavit of Louise Judith Martin filed in court. The applicant had not attended at 9.30. She has not attended by 9.50. In the circumstances I dismiss the substantive application pursuant to the provisions of 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 $1,800.

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

Associate: 

Date: