SZIEU v Minister for Immigration

[2007] FMCA 1029

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIEU v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1029

MIGRATION – Application to review a decision of the Refugee Review Tribunal – applicant failed to appear– application dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

Federal Magistrates Court Rules 2001, rr.13.03A(c), 16.05

Applicant: SZIEU

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 263 of 2006

Judgment of: Pascoe CFM

Hearing date: 28 June 2007

Delivered at: Sydney

Delivered on: 28 June 2007

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondent: Ms B. Griffin, Australian Government Solicitor

ORDERS

1. The proceedings before the Court is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules2001 by reason of the failure of the Applicant to appear at today’s hearing.

2. That the Applicant pay the First Respondent’s costs in the amount of $4,000.

3. That the First Respondent provides the Applicant with a copy of these Orders, together with a copy of Rule 16.05 of the Federal Magistrates Court Rules2001.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG263 of 2006

SZIEU

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application to review a decision of the Refugee Review Tribunal handed down on 3 January 2006.

2. The application was set down for hearing at 2.15pm today. The Applicant had not arrived in Court at this time. The Applicant was still not in court when the matter was last called at 2.45pm.

3. I have seen documentation on file that the Applicant was correctly notified of today’s proceedings. I confirmed with the First Respondent’s solicitor that the Applicant was properly served and that notification of these proceedings was sent to the Applicant’s correct address.

4. I am satisfied that the Applicant was aware of the proceedings and has failed to appear. Accordingly, I am satisfied that the proceedings should be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules2001 on the basis that the Applicant was aware of the proceedings but best known to himself has failed to appear.

5. I order that the Applicant pay the First Respondent’s costs in the amount of $4,000, and that the First Respondent notify the Applicant of the Orders handed down today, together with a copy of Rule 16.05 of the Federal Magistrates Court Rules2001.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Pascoe CFM

Associate: M. Azzopardi

Date: 4 July 2007