SZCBM v Minister for Immigration

[2007] FMCA 885

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCBM v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 885

MIGRATION – Review of RRT decision – where applicant did not appear– application dismissed.

Applicant: SZCBM

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 2636 of 2003

Judgment of: Raphael FM

Hearing date: 25 May 2007

Date of last submission: 25 May 2007

Delivered at: Sydney

Delivered on: 25 May 2007

REPRESENTATION

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed pursuant to Rule 13.03(A)(c) Federal Magistrates Court Rules.

2. Applicant to pay the Respondent’s costs assessed in the sum of $1,000.00.

3. The name of the First Respondent be amended to “Minister for Immigration and Citizenship”.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2626 of 2003

SZCBM

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This application, which was filed by the applicant in the proceedings to reinstate an application for judicial review of a decision of the Refugee Review Tribunal that had been dismissed for non-appearance on 19 May 2004, was set down for hearing today at 9.30 am. The applicant had not arrived in the Court at 9.30 am and was still not in court when the matter was called at 9.45am. In the circumstances, I dismiss the application pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules.

2. I order that the applicant pay the respondent’s costs assessed in the sum of $1,000 and order that the name of the first respondent be changed to the Minister for Immigration and Citizenship.

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

Associate: 

Date: