SZIOI v Minister for Immigration
[2007] FMCA 560
•12 April 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZIOI v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 560 |
| MIGRATION – No appearance by the applicant. |
| Federal Magistrates Court Rules 2001 Part 13, Rule 13.03A(c) |
| Applicant: | SZIOI |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG900 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 12 April 2007 |
| Date of Last Submission: | 12 April 2007 |
| Delivered at: | Sydney |
| Delivered on: | 12 April 2007 |
REPRESENTATION
No appearance by the applicant.
| Counsel for the Respondents: | Ms T. Wong |
| Solicitors for the Respondents: | Clayton Utz |
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 $3,500.00.
The name of the First Respondent be changed to “Minister for Immigration and Citizenship”.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG900 of 2006
| SZIOI |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was filed on 27 March 2006. On 18 April 2006 the applicant attended, together with a Mandarin interpreter, a callover before Registrar Tesoriero when this case was set down for hearing at 2.15p.m. today, 12 April 2007. The applicant signed consent orders requiring him inter alia to file an amended application. The applicant did file an amended application on 17 May 2006 but had no further contact with the Court. He did not otherwise comply with Registrar Tesoriero’s orders.
On 12 April 2007, the matter came before me for hearing at 2.15p.m. The applicant was not in attendance. He was still not in attendance at 2.30 when I came on to the bench, nor was he in attendance after his name was called outside the Court at 2.35p.m. In the circumstances I propose to dismiss his 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 assessed in the sum of $3,500.00.
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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