SZHGX v Minister for Immigration
[2007] FMCA 170
•15 February 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZHGX v MINISTER FOR IMMIGRATION | [2007] FMCA 170 |
| MIGRATION – No appearance by the applicant. |
| Migration Act 1958 Federal Magistrates Court Rules 2001, Part 13 Rule 13.03A(c) |
| Applicant: | SZHGX |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| File Number: | SYG 2849 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 15 February 2007 |
| Date of Last Submission: | 15 February 2007 |
| Delivered at: | Sydney |
| Delivered on: | 15 February 2007 |
REPRESENTATION
| No appearance by the applicant |
| Counsel for the Respondent: | Mr M. Cleary |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed pursuant to Part 13, Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the respondent’s costs assessed in the sum of $4000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2849 of 2005
| SZHGX |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
Respondent
REASONS FOR JUDGMENT
These proceedings were commenced by way of an application filed in this court on 5 October 2005 signed by the applicant. On 8 November 2005 the applicant appears to have attended a directions hearing before Registrar McIllhatton when the matter was set down for call-over on 24 February 2006.
On 24 February 2006 the applicant attended the call-over and signed consent orders before Registrar Tesoriero which set the case down for hearing at 10.15 am today.
The applicant did not attend the hearing before the Refugee Review Tribunal although he had completed a response to hearing invitation found at [CB62] indicating that he did wish to attend.
The applicant did not attend the hearing of this case at 10.15a.m and was not present when his name was called at 10.30a.m and is still not present at the time of my giving this decision at 10.35a.m. The applicant not being present, I propose to dismiss the proceedings 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 $4000.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Raphael FM.
Associate:
Date:
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