SZCTC v Minister for Immigration

[2006] FMCA 359

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCTC v MINISTER FOR IMMIGRATION [2006] FMCA 359

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of RRT decision affirming decision of a delegate of the Minister not to grant a protection visa.

PRACTICE & PROCEDURE – Discontinuance – costs.

Judiciary Act 1903 (Cth) s.39B
Migration Act 1958 (Cth) s.424

Applicant: SZCTC

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 418 of 2004

Delivered on: 3 March 2006

Delivered at: Sydney

Hearing date: 3 March 2006

Judgment of: Scarlett FM

REPRESENTATION

Applicant: No Appearance

Solicitor for the Respondent: Ms Gazi

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The Applicant is to pay the costs of the Respondent Minister fixed in the sum of $2,100.00.

2. I vacate the hearing date of 10 May 2006.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 418 of 2004

SZCTC

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an application for costs. It arises out of the fact that the Applicant discontinued his application for review of a decision of the Refugee Review Tribunal on 31 January this year. The application was listed for Final Hearing on 10^th May 2006. So the discontinuance took place in time and there was no need for leave to be granted.

2. Costs arise as a result of a discontinuance and it is open to a party to seek an order for costs. They should normally do so within 28 days of the discontinuance. Again this has been done and under the provisions of the Federal Magistrates Court Rules 13.02, the Respondent Minister seeks costs. The amount sought is $2,100.00, which is well within the scale envisaged by the Federal Magistrates Court Rules.

3. The Applicant is to pay the costs of the Respondent Minister in the sum of $2,100.00. The application is removed from the list of cases awaiting finalisation. The hearing date of 10^th May 2006 is vacated.  I require a transcript of my reasons.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  Virginia Lee

Date:  13 March 2006