SZFTG v Minister for Immigration

[2005] FMCA 429

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFTG v MINISTER FOR IMMIGRATION [2005] FMCA 429

PRACTICE & PROCEDURE – Migration – costs following Notice of Discontinuance – Federal Magistrates Court Rules 2001.

Federal Magistrates Court Rules 2001, Div 13.1

Applicant: SZFTG

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG 442 of 2005

Judgment of: Pascoe CFM

Hearing date: 7 April 2005 (in Chambers)

Date of Last Submission: 7 April 2005

Delivered at: Sydney (via post)

Delivered on: 7 April 2005

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Counsel for the Respondent: Nil

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. That the application for review is discontinued.

2. That the applicant pay the respondent’s costs fixed in the sum of $1900.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 442 of 2005

SZFTG

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) affirming the decision of the Minister not to grant a protection visa to the applicant.

2. The applicant arrived in Australia on 12 June 2003.  His visa entitled him to remain in Australia to 24 November 2004.

3. On 25 October 2004 the applicant lodged an application for a protection (Class XA) visa with the Department of Immigration & Multicultural & Indigenous Affairs.

4. On 4 November 2004 a delegate of the Minister’s refused to grant to the applicant a protection visa and on 24 November 2004 the applicant lodged a review of that decision with the Tribunal.

5. On 2 March 2005 the matter came before Registrar McIlhatton for a Direction Hearing.  On that occasion an order was made listing the application for hearing on 4 July 2005.

6. On 17 March 2005 the applicant filed a Notice of Discontinuance. 

   
   

   I am satisfied that the applicant has filed his Notice to Discontinue the proceedings in accordance with the Rules.

7. On 7 April 2005 the respondents filed an application pursuant to Rule 13.02 of the Federal Magistrates Court Rules 2001 seeking an order for costs in the amount of $1900.  There is evidence before the Court that the applicant has returned home and is not here to defend the costs application.  I am satisfied that the costs incurred as set out in their written material are reasonable.

8. Thus, I am satisfied that it is appropriate to make an order for costs in the amount sought by the respondents. 

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Pascoe CFM

Associate:  Peter Smith

Date:  7 April 2005