SZHZT v Minister for Immigration
[2007] FMCA 802
•21 May 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZHZT v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 802 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZHZT |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG3865 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 21 May 2007 |
| Date of last submission: | 21 May 2007 |
| Delivered at: | Sydney |
| Delivered on: | 21 May 2007 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | DLA Phillips Fox |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules2001.
Applicant to pay the first respondent’s costs assessed in the sum of $2,900.00.
The name of the first respondent be amended to Minister for Immigration and Citizenship.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3865 of 2005
| SZHZT |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The application in this matter was filed on 30 December 2005. The applicant gave an address in McBurney Street, Cabramatta as his address for service. In an application to the Federal Court for assistance under the Minister’s scheme he gave the same address and he attended a directions hearing before Registrar McIllhatton on 31 January 2006 when the case was listed for disposal at 2.15p.m. today. Thereafter, on 21 April 2006 the applicant filed an amended application giving the same address to which the respondent sent a copy of its outline of submissions indicating again the date upon which this matter was to come to court.
The applicant had not attended court at 2.15p.m.. He had not arrived at 2.30p.m. His name was called outside the court at 2.34p.m. and he was not present. He is still not present. In the circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 and I order that the applicant pay the first respondent’s costs which I assess in the sum of $2,900.00. I also order that the name of the first respondent be changed to 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:
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