SZJLH v Minister for Immigration
[2007] FMCA 2067
•28 November 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJLH & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 2067 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicants: | SZJLH, SZJLI |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 2790 of 2006 |
| Judgment of: | Raphael FM |
| Hearing date: | 28 November 2007 |
| Date of last submission: | 28 November 2007 |
| Delivered at: | Sydney |
| Delivered on: | 28 November 2007 |
REPRESENTATION
| For the Applicants: | No appearance |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicants to pay the First Respondent's costs assessed in the sum of $2,500.00.
The name of the First Respondent be amended to Minister for Immigration & Citizenship.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2790 of 2006
| SZJLH, SZJLI |
Applicants
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The application in this matter was filed by the applicants on 28 September 2006 together with an affidavit in support. The applicants provided an address in Griffith but on 2 November 2006 the first applicant came to Sydney for the purposes of attending a callover before Registrar Lackenby. On that day the matter was set down for hearing at 10.15am today.
On 4 September 2007 the first applicant was advised that the hearing would take place in this court in Goulburn Street and not in Queens Square. The note of advice was sent to the address given by the applicants in Griffith on the application.
The applicants did not attend at 10.15am. There is no indication that they attended at Queens Square at that time. They were still not in attendance when their names weres called outside the court at 10.40a.m. and are not in attendance now at 10.42a.m. when I dismiss the application pursuant to Part 13 Rule.13.03A(c) of the Federal Magistrates Court Rules 2001 and order that the applicants pay the First Respondent's costs assessed in the sum of $2,500.00. I also order that the name of 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:
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