SZFZT v Minister for Immigration

[2006] FMCA 1365

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFZT & ANOR v MINISTER FOR IMMIGRATION [2006] FMCA 1365

MIGRATION – Dismissal for non-appearance.

Federal Magistrates Court Rules 2001

First Applicant: SZFZT

Second Applicant: SZFZU

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

File Number: SYG800 of 2005

Judgment of: Raphael FM

Hearing date: 4 September 2006

Date of Last Submission: 4 September 2006

Delivered at: Sydney

Delivered on: 4 September 2006

REPRESENTATION

For the Applicants: No appearance

Solicitors for the Respondent: Clayton Utz

ORDERS

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

2. Applicants pay the respondent’s costs assessed in the sum of $3,500.00 pursuant to Part 21 Rule 21.02(2) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG800 of 2005

SZFZT

First Applicant

SZFZU

Second Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. In this matter I have received an affidavit sworn by David Anthony Sim on 22 August 2006, providing me with copies of a movement check which reveals that the two applicants in this matter left Australia on 6 August 2006 on visas which do not provide an ability to return.

2. In those circumstances, and the parties not being here, I order that the proceedings be dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules and I order that the applicants pay the respondent’s costs which I assess in the sum of $3,500.00.

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

Associate: 

Date: