SZIDX v Minister for Immigration
[2007] FMCA 1051
•21 June 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZIDX v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1051 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZIDX |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG209 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 21 June 2007 |
| Date of last submission: | 21 June 2007 |
| Delivered at: | Sydney |
| Delivered on: | 21 June 2007 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | DLA Phillips Fox |
ORDERS
Application dismissed pursuant to Pt 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay First Respondent’s costs assessed in the sum of $2,600.00.
The name of the First Respondent be amended to Minister for Immigration & Citizenship.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 209 of 2006
| SZIDX |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant filed an application for review of a decision of the Refugee Review Tribunal on 20 January 2006. The court record indicates that he was present in court on 28 February 2006 when the matter was called over before Registrar Kavallaris and a hearing date of today at 10.15 am was set down.
On 19 October 2006 the applicant filed a notice of address for service which indicated a change of address from that which he had when the proceedings were commenced. The applicant indicated a wish to participate in the Minister’s scheme and appears to have done so.
I have an affidavit of Pua Soliola dated 15 June 2007 indicating that the respondent’s written submissions were sent to the applicant at the address for service indicated on the form sent to this court on 12 June 2007.
The applicant was not in court at 10.15. He had not arrived when his name was called outside the court at 10.35. I 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 $2,600.00. I also order that the name of the First Respondent be amended to Minister for Immigration & Citizenship.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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