SZJHI v Minister for Immigration
[2007] FMCA 1909
•7 November 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJHI v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1909 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZJHI |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 2460 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 7 November 2007 |
| Date of last submission: | 7 November 2007 |
| Delivered at: | Sydney |
| Delivered on: | 7 November 2007 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Mr Johnson |
| Solicitors for the Respondent: | Phillips Fox |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant pay the First Respondent’s costs assessed in the sum of $2,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2460 of 2006
| SZJHI |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter an application for review of the decision of the Refugee Review Tribunal made on 5 July 2006 was filed by the applicant on
1 September 2006. She swore an affidavit attaching the Tribunal's decision which I note were sent to her at the same address as appears on that affidavit and which does not appear to have been changed by the applicant since then.
On 5 October 2006 she attended before Registrar Lakenby when directions were given in the matter including a direction that the case be set down for hearing today and a direction relating to the filing of an amended application. No amended application was filed.
On 4 September 2007 a letter was written to the applicant at her address for service advising her that the matter was to be heard today in John Madison Tower and not at Queens Square. No response to that letter was received. I also note that a solicitor, Mr Turner, gave advice to the applicant under the Minister's scheme in November 2006.
The applicant did not appear before the Tribunal. She was not present in court at 2.15p.m. when the matter was due to be heard. She was not present in court at 2.30p.m. when her name was called outside and she is still not present at 2.36p.m. I dismiss this matter pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates' Court Rules 2001 and I order that the applicant pay the first respondent's costs which I assess in the sum of $2,000.00.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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