SZGHE v Minister for Immigration

[2006] FMCA 1854

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZGHE v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1854

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001, P.13, r.13.03A(c)

Applicant: SZGHE

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG1228 of 2005

Judgment of: Raphael FM

Hearing date: 27 November 2006

Date of last submission: 27 November 2006

Delivered at: Sydney

Delivered on: 27 November 2006

REPRESENTATION

For the Applicant: No Appearance

Counsel for the Respondent: Ms V McWilliam

Solicitors for the Respondent: Sparke Helmore

ORDERS

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

2. Applicant to pay the respondent’s costs assessed in the sum of $4000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1228 of 2005

SZGHE

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. There comes before me an application filed on 12 May 2005 which received a call-over and directions hearing before Registrar McIlhatton on 27 May 2005.  The call-over was attended by the applicant who signed short minutes of order.  Those minutes included an order that the substantive application would be heard today at 10.15a.m.  I am advised by Ms McWilliam that on 20 November 2006 a letter was sent by express post to the applicant at his last known address, serving him with a copy of the respondent’s submissions and reminding him of the hearing today at 10.15.  At 10.30a.m. the applicant had not attended and his name was called outside the court.  He has still not attended at 10.37.

2. In the circumstances I dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules and I order that the applicant pay the respondent’s costs which I assess in the sum of $4,000.00.

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

Associate: 

Date: