SZCEQ v Minister for Immigration
[2004] FMCA 665
•21 September 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZCEQ v MINISTER FOR IMMIGRATION | [2004] FMCA 665 |
| MIGRATION – Leave to withdraw – non-appearance. |
| Applicant: | SZCEQ |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ2761 of 2003 |
| Delivered on: | 21 September 2004 |
| Delivered at: | Sydney |
| Hearing date: | 21 September 2004 |
| Judgment of: | Nicholls FM |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Ward Maxwell & Co. |
| Counsel for the Respondent: | Justin Smith |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
The application is dismissed pursuant to Rule 13.03A (c) of the Federal Magistrates Rules, on the basis of non-appearance.
The respondent notify the applicant in writing of the orders made today and of the effect of Rule 16.05 of the Magistrate Court Rules by letter sent to the applicant's last known address within seven days from today's date.
The applicant pay the respondent's costs set in the amount of $3500.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ2761 of 2003
| SZCEQ |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application for review of a decision of the Refugee Review Tribunal handed down on 14 November 2003 affirming a decision of a delegate of the respondent Minister to refuse to grant the applicant a protection visa.
The matter was set down for hearing today 21 September 2004 at 10.15 a.m. Solicitors for both parties were notified [of the hearing date] by letter from the Federal Magistrates Court dated 31 August 2004.
The solicitor for the applicant sought leave to withdraw and filed an affidavit in Court today in support. The affidavit sets out the steps that the applicant's solicitor has taken to contact the applicant. During (a short adjournment) in the hearing today the applicant's solicitor sought additionally to contact the applicant by way of the mobile phone number [last known to him as the applicant’s number] that was [recorded] at page 63 of the Court book. All attempts to contact the applicant were unsuccessful whose whereabouts are unknown to his solicitor. I am satisfied that all reasonable steps were taken by the applicant’s solicitor to contact the applicant. There was no appearance by the applicant and I granted leave to the solicitor for the applicant to withdraw from this matter. I make orders as at the commencement of these Reasons.
ORDERS DELIVERED
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Nicholls FM
Associate: Wagma Aziza
Date: 30 September 2004
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