SZJJI v Minister for Immigration
[2007] FMCA 2015
•16 November 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJJI v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 2015 |
| MIGRATION – No appearance. |
| Applicant: | SZJJI |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 2628 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 16 November 2007 |
| Date of last submission: | 16 November 2007 |
| Delivered at: | Sydney |
| Delivered on: | 16 November 2007 |
REPRESENTATION
| Applicant: | No appearance |
| Counsel for the Respondent: | Ms A. Mitchelmore |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Rule 13.03A(c) Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $3750.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2628 of 2006
| SZJJI |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
This matter was commenced by way of application dated 18 September 2006. On 26 October 2006 the applicant attended a callover before Registrar Tesoriero when the matter set down for hearing at 10.15am today. The applicant was informed later that the venue of the hearing had been moved from the Federal Court building in Queens Square to this building in Goulburn Street. On or around 9 November 2007 the applicant filed a detailed outline of submissions.
The applicant was not present when the matter was due to commence at 10.15am. At approximately 10.25am my Associate telephoned him on the number given. The applicant advised my Associate that he was sick and that he had a medical certificate, but no medical certificate has been received by this Court and there is no other evidence of the existence of any illness that would prevent the applicant from attending today.
In the circumstances, I am not prepared to grant the applicant an adjournment without evidence of his condition. I propose to dismiss the matter pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules2001. I order that the applicant pay the first respondent's costs of $3750.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 3 December 2007
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