SZFOJ v Minister for Immigration
[2006] FMCA 1085
•17 July 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZFOJ v MINISTER FOR IMMIGRATION & ANOR | [2006] FMCA 1085 |
| MIGRATION – Dismissal for non attendance. |
| Migration Act 1958, s.426A Federal Magistrates Court Rules 2001 |
| Applicant: | SZFOJ |
| First Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG199 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 17 July 2006 |
| Date of Last Submission: | 17 July 2006 |
| Delivered at: | Sydney |
| Delivered on: | 17 July 2006 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
Application dismissed.
Applicant to pay the respondent’s costs assessed in the sum of $3,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG199 of 2005
| SZFOJ |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
These proceedings were especially fixed for hearing today at a directions hearing attended by the applicant on 9 February 2005. The applicant had not attended the hearing before the Tribunal although he had indicated that he would do so. The Tribunal, therefore, decided the matter pursuant to the provisions of s.426A of the Migration Act 1958. It came to the conclusion that it did not have enough information to be satisfied that the applicant was a person to whom Australia owed protection obligations.
This morning the applicant had not appeared at 10.15 and had not appeared by 10.30 when his case was called outside the court. He has still not appeared now at 10.35. In the circumstances I dismiss this application pursuant to the provisions of Rule 13.03A(c) of the Federal Magistrate's Court Rules and I order that the applicant pay the respondent's costs assessed in the sum of $3,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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