SZJLG v Minister for Immigration

[2007] FMCA 2068

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJLG v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 2068

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZJLG

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 2785 of 2006

Judgment of: Raphael FM

Hearing date: 26 November 2007

Date of last submission: 26 November 2007

Delivered at: Sydney

Delivered on: 26 November 2007

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Phillips Fox

ORDERS

1. Application dismissed. pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $3,750.00.

3. The title of the First Respondent be amended to Minister for Immigration & Citizenship.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2785 of 2006

SZJLG

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The applicant, who did not appear before the Refugee Review Tribunal that handed down its decision on 11 August 2006, filed an application in this court on 27 September 2006. He attended a directions hearing before Registrar Lackenby on 2 November 2006 when he was offered the opportunity of filing an amended application, which he did not take. He was also informed that the hearing would take place at 2.15p.m. today.

2. On 5 September 2007 the registry of this Court sent the applicant a letter to the address given by him on his application informing him that the hearing would be held at John Madison Tower and not at the Law Courts Building at Queens Square. The applicant was not present in court at 2.15p.m. and there is no indication that he has attended at Queens Square. He was not in court when his name was called outside at 2.30.p.m.

3. In all the circumstances I propose to dismiss this application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001. I order that the applicant pay the First Respondent’s costs which I assess in the sum of $3,750.00. I also order that the title of the First Respondent be amended 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: