SZFMN v Minister for Immigration

Case

[2006] FMCA 440

13 March 2006


FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFMN v MINISTER FOR IMMIGRATION [2006] FMCA 440
MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa to the applicant – where applicant did not attend Tribunal hearing.
Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.426A,474
SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24
Applicant: SZFMN
Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGNEOUS AFFAIRS
File Number: SYG 123 of 2005
Judgment of: Scarlett FM
Hearing date: 13 March 2006
Date of Last Submission: 13 March 2006
Delivered at: Sydney
Delivered on: 13 March 2006

REPRESENTATION

The Applicant: No appearance
Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

  1. The application is dismissed pursuant to Rule 13.03A due to the non-appearance by the Applicant at Court.

  2. The Applicant is to pay the Respondent Minister’s costs fixed in the sum of $3,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 123 of 2005

SZFMN

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGNEOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

Application

  1. This is an application for review of a decision by the Refugee Review Tribunal.  The applicant attended Court on 8th February 2005 but has not attended today.  I know of no reason why the applicant has not appeared.  There seems to be no point in leaving the matter any further.

  2. I propose to dismiss the matter for non-appearance by the applicant and vacate the hearing date.

  3. I also propose to make an order for costs in favour of the respondent Minister.  The amount of $3,500.00 is sought and that seems to be an appropriate order in respect to a case that has been prepared for hearing in all respects except the briefing of counsel and the filing of an outline of submissions.

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

Associate:  S.Polley

Date:  27 March 2006

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