SZKJP v Minister for Immigration
[2008] FMCA 1409
•2 October 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZKJP v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1409 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZKJP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2190 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 2 October 2008 |
| Date of Last Submission: | 2 October 2008 |
| Delivered at: | Sydney |
| Delivered on: | 2 October 2008 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
Substantive application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $1,750.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2190 of 2008
| SZKJP |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was lodged with this Court on 22 August 2008 seeking review of a decision of the Refugee Review Tribunal which dismissed an application for review of a decision of the delegate on the grounds that the matter had already been decided by the Tribunal. Details of the applicant's immigration history are set out in the affidavit of Peter Snell filed on 4 September 2008.
The matter was called over before Registrar Ng on 18 September 2008 and the applicant was present. At that time it was determined that this application for summary dismissal would be heard today at 9.30 am. That fact is contained as order 1 of the Short Minutes of Order made on 18 September.
On 24 September 2008 the Minister sent to the applicant a copy of the Minister's submissions reminding the applicant that the hearing would take place at 9.30a.m. today. The applicant was not present at 9.30a.m. today and he was not present when his name was called outside the court at 9.43a.m. In the circumstances I propose to dismiss the substantive application pursuant to Part 13.03A(c) of the Federal Magistrates Court Rules 2001. I order the Applicant to pay the First Respondent’s costs assessed in the sum of $1,750.00 to take into account the fact that the applicant did not attend the first directions hearing which was set down for hearing on 11 September.
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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