SZJDA v Minister for Immigration
[2007] FMCA 1356
•6 August 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJDA v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1356 |
| MIGRATION – Application for review of decision of Refugee Review Tribunal – no appearance by applicant. |
| Federal Magistrates Court Rules r.13.03A(c) |
| Applicant: | SZJDA |
| First Respondent: | MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG2096 of 2006 |
| Judgment of: | Barnes FM |
| Hearing date: | 6 August 2007 |
| Delivered at: | Sydney |
| Delivered on: | 6 August 2007 |
REPRESENTATION
| Applicant: | No Appearance |
| Counsel for the Respondent: | Nil |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
That there being no appearance by the Applicant the application is dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules.
The applicant shall pay the respondent’s costs fixed in the sum of $5,000.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
| SYG 2096 of 2006 |
| SZJDA |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Respondent
REASONS FOR JUDGMENT
This is an application for review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the first respondent not to grant the applicant a protection visa. He attended a directions hearing at which the applicant sought review by application filed in this Court by 1 August 2006. He attended a directions hearing at which the matter was listed for hearing. The hearing date has been changed on two occasions by letter of notification from the Court sent to the applicant at the address for receiving mail notified on the application for review. No notice of change of address for service has been filed by the applicant.
The applicant was not present today when the matter was first called. Nor is he present now some 20 minutes later. There is nothing to indicate that he came to Court on an earlier date on which the matter was listed for hearing (as may have occurred had he not received the letter of notification of change of hearing date).
In these circumstances the legal representative for the first applicant seeks that the matter be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules and costs in the sum of $5,000. I consider it is appropriate to make those orders.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 14 August 2007
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