SZDMO v Minister for Immigration

[2005] FMCA 1981

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDMO v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 1981

MIGRATION – Review of decision of RRT – where the applicant did not attend.

Federal Magistrates Court Rules 2001, Part 13 Rule 13.03A(c)

Applicant: SZDMO

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2251 of 2005

Judgment of: Raphael FM

Hearing date: 9 December 2005

Date of Last Submission: 9 December 2005

Delivered at: Sydney

Delivered on: 9 December 2005

REPRESENTATION

Solicitors for the Applicant: Australian Government Solicitor

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.

2. Applicant to pay the respondent's costs assessed in the sum of $1,500.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2251 of 2005

SZDMO

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. These proceedings were commenced by way of an application filed in this court on 19 August 2005 seeking a review of the decision of the delegate notified to the applicant on 13 November 1997.  The applicant had previously brought proceedings seeking review of the decision of the Tribunal to which the applicant had applied following the receipt of the decision of the delegate.  Those proceedings were unsuccessful in this court, in the Federal Court and on an application for special leave to the High Court.  The respondent seeks a summary dismissal of the application and the matter was set down for hearing at 9.30 am, 9 December 2005.

2. At 9.45 am, the applicant had not appeared and his name was called outside the court but he did not attend. At 9.50 am I have decided that the application should be dismissed pursuant to 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 $1500.

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

Associate: 

Date:  19 December 2005