SZHSU v Minister for Immigration
[2007] FMCA 670
•30 April 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZHSU v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 670 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZHSU |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG3540 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 30 April 2007 |
| Date of Last Submission: | 30 April 2007 |
| Delivered at: | Sydney |
| Delivered on: | 30 April 2007 |
REPRESENTATION
| For the Applicant: | No Appearance |
| Solicitors for the Respondents: | Phillips Fox |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the first respondent’s costs assessed in the sum of $2,400.00.
The name of the first respondent be changed to Minister for Immigration & Citizenship.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG3540 of 2005
| SZHSU |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant commenced proceedings in this court on 1 December 2005 seeking review of a decision of the Refugee Review Tribunal made on 18 October 2005 and handed down on 8 November 2005. He gave an address of 9 Swinston Road Blacktown and attended a callover before Registrar Kavallaris on 17 January 2006 when this matter was set down for hearing at 10.15 today. He signed the short minutes of order with the assistance of a Mandarin interpreter and filed an amended application pursuant to those orders on 17 May 2006 again giving his address as 9 Swinston Road Blacktown.
The applicant has not provided any other details of his address than that. The applicant had not attended at 10.15 am and is still not present when his case is called at 10.35. 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 $2,400.00. I also order that the name of the first respondent be changed to Minister for Immigration & Citizenship.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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