SZGLE v Minister for Immigration

[2006] FMCA 1948

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZGLE v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1948

MIGRATION – No appearance − where applicant has departed Australia.

Federal Magistrates Court Rules 2001

Applicant: SZGLE

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG1403 of 2005

Judgment of: Raphael FM

Hearing date: 20 December 2006

Date of Last Submission: 20 December 2006

Delivered at: Sydney

Delivered on: 20 December 2006

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondents: Clayton Utz

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 $3,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1403 of 2005

SZGLE

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this application the applicant had not appeared when his case was called at 2.15p.m. on 20 December 2006.  I am in receipt of an affidavit from Ellie Jane Palmer dated 6 December 2006 which exhibits a movement record check that refers to the applicant by his proper name and indicates that the applicant departed Australia on 4 December 2006.

2. In the circumstance and in the absence of the applicant I dismiss this application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 and I order that the applicant pay the respondent’s costs assessed in the sum of $3,500.

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

Associate: 

Date: