SZHKJ v Minister for Immigration

[2007] FMCA 320

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHKJ v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 320

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZHKJ

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 3061 of 2005

Judgment of: Raphael FM

Hearing date: 7 March 2007

Date of last submission: 7 March 2007

Delivered at: Sydney

Delivered on: 7 March 2007

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

2. Applicant to pay the first respondent’s costs assessed in the sum of $2,800.00.

3. The name of the first respondent be changed to Minister for Immigration and Citizenship.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3061 of 2005

SZHKJ

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The applicant in this matter, who did not appear before the Refugee Review Tribunal, did not appear at the time at which this case is set down for hearing, namely 10.15 am on 7 March 2007.  The court file reveals that the applicant attended a callover of his case at 3.15 pm on 3 March 2006 and was aided by a Mandarin interpreter.  The applicant speaks Mandarin.  Although he is a national of South Korea he has lived in China for many years. 

2. The applicant was not in attendance when his name was called outside the court at 10.33 am and in those circumstances I propose to dismiss his 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 $2,800.00.  I also order that the name of the first respondent be changed to the Minister for Immigration and Citizenship.

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

Associate: 

Date: