SZHCO v Minister for Immigration

[2007] FMCA 207

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHCO v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 207

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZHCO

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG2555 of 2005

Judgment of: Raphael FM

Hearing date: 7 February 2007

Date of last submission: 7 February 2007

Delivered at: Sydney

Delivered on: 7 February 2007

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Sparke Helmore

ORDERS

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

2. Applicant to pay the first respondent’s costs assessed in the sum of $4,000. 00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2555 of 2005

SZHCO

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

First Respondent

REASONS FOR JUDGMENT

1. This matter was set down for hearing before me today at a directions hearing or callover held on 10 February 2006 attended by the applicant with the assistance of a Mandarin interpreter.  The respondent wrote to the applicant on 24 January 2007 enclosing a copy of the Minister’s written submissions and reminding the applicant of the hearing today at 10.15.  That letter was not returned.  The applicant has not appeared.  The applicant did not appear before the Tribunal.

2. In the circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.  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: