SZIMX v Minister for Immigration
[2007] FMCA 584
•28 March 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZIMX v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 584 |
| MIGRATION – No appearance. |
| Applicant: | SZIMX |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG771 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 28 March 2007 |
| Date of last submission: | 28 March 2007 |
| Delivered at: | Sydney |
| Delivered on: | 28 March 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 Rules 2001.
Applicant to pay the first respondent’s costs assessed in the sum of $2,750.00.
First respondent’s name be changed to Minister for Immigration and Citizenship.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 771 of 2006
| SZIMX |
Applicant
And
| MINISTER FOR IMMIGRATION M & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
These proceedings were commenced by way of application filed in the court on 15 March 2006 by the applicant in person. The application was accompanied by an affidavit purportedly signed by the applicant sworn on 14 March 2006. On 11 April 2006, the applicant appears to have attended a hearing before Registrar Tesoriero where some short minutes of order were signed by him that indicated that the matter would be set down for hearing today at 10.15a.m.
The applicant was also required to file an amended application but that was not done. The applicant was not in court at 10.15a.m. and had not arrived in court when I came onto the bench at 10.30a.m. His name was called outside the court and he did not respond. At 10.35a.m. he had still not attended and in those circumstances I order that the application be dismissed pursuant to Federal Magistrate Court Rules 13.03A(c). I order that the applicant pay the respondent’s costs which I assess in the sum of $2,750.00. 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:
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