SZLJY v Minister for Immigration
[2008] FMCA 379
•19 March 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLJY v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 379 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZLJY |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2992 of 2007 |
| Judgment of: | Raphael FM |
| Hearing date: | 19 March 2008 |
| Date of Last Submission: | 19 March 2008 |
| Delivered at: | Sydney |
| Delivered on: | 19 March 2008 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant pay the First Respondent’s costs assessed in the sum of $2,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2992 of 2007
| SZLJY |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant filed an application for review of a decision of the Refugee Review Tribunal dated 4 September 2007. On the 27 September 2007 he provided an address which appears to be similar to the address which was given to the Refugee Review Tribunal.
On 18 October 2007 the applicant attended at a directions hearing where the matter was set down for hearing today at this address. It is noted that the applicant took part in the legal advice scheme. Although orders were made providing the applicant with an opportunity to file an amended application this was not done, although he did on 29 November 2007 file a notice of address for service which was different to the one that I previously referred to.
The applicant had not appeared before the Tribunal and he had not appeared in this court at 2.15 pm when the matter was set down for hearing. He did not arrive by 2.30 when his name was called outside the court. In the circumstances I propose to proceed to dismiss the application pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001.
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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