SZIAL v Minister for Immigration

[2007] FMCA 908

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIAL v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 908

MIGRATION – Where applicant has left Australia.

Applicant: SZIAL

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG20 of 2006

Judgment of: Raphael FM

Hearing date: 28 May 2007

Date of last submission: 28 May 2007

Delivered at: Sydney

Delivered on: 28 May 2007

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed.

2. Applicant to pay the first respondent’s costs assessed in the sum of $1,750.00

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 20 of 2006

SZIAL

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter I have read an affidavit of Gemma Anne Broderick dated 25 May 2007 indicating that as a result of having done a movement check upon the applicant in these proceedings it was revealed that the applicant has left Australia on a visa which does not permit her to return. 

2. In those circumstances the proceedings are dismissed.  I order that the applicant pay the respondent’s costs which I assess in the sum of $1750.00.  I 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: