SZFJG v Minister for Immigration
[2005] FMCA 889
•9 June 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZFJG v MINISTER FOR IMMIGRATION | [2005] FMCA 889 |
| MIGRATION – Visa – protection visa – Migration Review Tribunal – application for review of RRT decision affirming a decision of the delegate of the Minister not to grant a protection visa – applicant a citizen of Kenya. PRACTICE & PROCEDURE – Dismissal for non-appearance. |
| Federal Magistrates Court Rules 2001 R 13.03A(c) |
| Applicant: | SZFJG |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG 3797 of 2004 |
| Judgment of: | Scarlett FM |
| Hearing date: | 9 June 2005 |
| Date of Last Submission: | 9 June 2005 |
| Delivered at: | Sydney |
| Delivered on: | 9 June 2005 |
REPRESENTATION
| The Applicant: | No appearance |
| Solicitors for the Respondent: | Phillips Fox Lawyers |
ORDERS
The application is dismissed pursuant to Rule 13.03A(c) for non-attendance at court today.
The Applicant is to pay the Respondent’s costs fixed in the sum of $2,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3979 of 2004
| SZFJG |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
The matter was listed for further directions today at 2.15 pm. This is not the first court date. The matter was listed for further directions due to a failure by the applicant to comply with earlier directions.
The applicant did not appear at 2.15 pm. She did not appear when she was called at 2.18 pm or now at 2.58 pm. No message has been received from the applicant indicating that she has been delayed or hindered or prevented from attending due to illness, injury or any other personal emergency. No faxes or telephone calls have been received by my chamber staff. If the applicant had gone to the wrong courtroom by mistake, there would have been plenty of time for that error to have been corrected.
I am satisfied that the solicitor for the respondent, Mr Bird, arranged for a letter to be forwarded to the applicant at her last known address on 10 May 2005 advising her of the listing of this matter at 2.15 pm today and advising her of the location of the hearing and the name of the Federal Magistrate before whom the matter was to be heard.
At this stage I can assume that the applicant will not be attending.
The application is dismissed for non-attendance by the applicant pursuant to rule 13.03A(c). The applicant is to pay the respondent's costs fixed in the sum of $2,000.00.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate:
Date: 23 June 2005
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