SZIQF v Minister for Immigration
[2008] FMCA 1120
•30 July 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZIQF & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1120 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| First Applicant: | SZIQF |
| Second Applicant: | SZIQG |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1239 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 30 July 2008 |
| Date of Last Submission: | 30 July 2008 |
| Delivered at: | Sydney |
| Delivered on: | 30 July 2008 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicants to pay the First Respondent's costs assessed in the sum of $1,250.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1239 of 2008
| SZIQF |
First Applicant
| SZIQG |
Second Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
There is before me this morning an application for summary dismissal of an application filed in this court on 14 May 2008. The grounds upon which summary dismissal is sought are that the application is an abuse of the process of the court, is frivolous and vexatious and there are no reasonable prospects of successfully prosecuting it. I would add that an additional ground could be that the application itself was out of time when it went to the Tribunal and therefore the Tribunal did not have the jurisdiction to consider the matter.
The applicants attended a directions hearing at this court on 5 June 2008 when the matter was set down for the hearing of this application, the first applicant signed short minutes of order which would indicate that he was well aware of the hearing this morning but he had not attended at 9.30a.m. when the hearing was due to begin and was still not here at 9.45a.m. when his name was called outside the court.
Under those circumstances I dismiss the application pursuant to Part 13 Rule 13.03A(c) noting that there will be little point in the applicants seeking to restore the matter for hearing because in my view the application of the Minister would be bound to succeed.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
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