SZLJO v Minister for Immigration

[2008] FMCA 432

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZLJO v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 432

MIGRATION – No appearance.

Applicant: SZLJO

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2980 of 2007

Judgment of: Raphael FM

Hearing date: 20 March 2008

Date of Last Submission: 20 March 2008

Delivered at: Sydney

Delivered on: 20 March 2008

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondent: DLA Phillips Fox

ORDERS

1. Application dismissed pursuant to 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 $2,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2980 of 2007

SZLJO

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant filed an application on 26 September 2007 seeking review of a decision of the Refugee Review Tribunal made on 30 July 2007 and handed down on 21 August 2007.

2. On 18 October 2007 the applicant attended a directions hearing before the Registrar when he signed short minutes of order. Amongst those short minutes was an order allowing him to file an amended application by 7 December 2007. On 7 December 2007 he did file an amended application.

3. At the directions hearing the matter was listed for hearing today at 10.15 am. The address of this Court was contained within the short minutes of order. The applicant was not present in Court at 10.15 am today and had not arrived by 10.30 am when his name was called outside the Court. In the circumstances I propose to dismiss the matter pursuant to Part 13 rule 13.03A(c) of the Federal Magistrates Court Rules 2001 (Cth).

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate:

Date:  8 April 2008