SZCET v Minister for Immigration

[2004] FMCA 710

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCET v MINISTER FOR IMMIGRATION [2004] FMCA 710

MIGRATION – Summary dismissal where applicant did not comply with Registrar’s orders and did not appear before Tribunal.

Migration Act 1958 (Cth), s.48B

Applicant: SZCET

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 2767 of 2003

Delivered on: 23 August 2004

Delivered at: Sydney

Hearing date: 23 August 2004

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: Mr Prince

Counsel for the Respondent: Mr McCrudden

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs in the sum of $1,200.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 2767 of 2003

SZCET

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. In this matter I note that the applicant did not attend the hearing before the Tribunal and that the Tribunal had remarked that his application bore a significant resemblance to another application filed by an entirely independent applicant who had been advised by the same migration agent.

2. Mr Prince, who appears on behalf of the applicant, informs me that his instructions are that the migration agent involved had been struck off very shortly before the hearing and that was why the applicant did not appear. The fact is that the applicant did not appear and I can only deal with the decision of the Tribunal that has been handed down. It may well be that the applicant could be advised to make an application to the Minister under s.48B to renew, or make again his application for a protection visa but in the light of all these matters and in the light of the applicant's failure to comply with the orders of the Registrar, I make an order dismissing the proceedings pursuant to Order 13 Rule 13.03(2)(d) of the Federal Magistrates Court Rules and I order that the applicant pay the respondent's costs fixed in the sum of $1,200.00.

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

Associate: 

Date: