SZJBS v Minister for Immigration
[2007] FMCA 1799
•11 October 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJBS v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1799 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001, r.13.03A(c) |
| Applicant: | SZJBS |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG1980 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 11 October 2007 |
| Date of last submission: | 11 October 2007 |
| Delivered at: | Sydney |
| Delivered on: | 11 October 2007 |
REPRESENTATION
| 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 $2,200.00.
The name of the First Respondent be amended to “Minister for Immigration & Citizenship”.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG1980 of 2006
| SZJBS |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was filed on 18 July 2006 seeking judicial review of a decision of the Refugee Review Tribunal made on 31 May 2006.
On 3 August 2006 the applicant attended a callover of the matter before Registrar Lackenby. Orders were made, including an order that the matter be set down for hearing on 24 September 2007. On 10 September 2007 a letter was written by the Court to the applicant at the address for service given in the application, no other address having been provided, informing him that the matter was now listed for hearing at 2.15pm today, 11 October 2007. The applicant was also advised that the venue of the hearing had changed from the Law Courts Building in Queens Square to this building at 86-90 Goulburn Street.
The applicant, who did not attend the hearing before the Refugee Review Tribunal, did not appear at 2.15pm this afternoon, nor was he present when his name was called outside the Court at 2.30pm. At
2.35 pm he is still not here and in the circumstances I propose to dismiss the application pursuant to Pt.13, r.13.03A of the Federal Magistrates Court Rules2001. I order that the applicant pay the first respondent’s costs in the sum of $2200.00. I amend the name of the first respondent 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: 26 October 2007
0
0
1