SZLPC v Minister for Immigration
[2008] FMCA 1065
•25 July 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLPC v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1065 |
| MIGRATION – No appearance. |
| Applicant: | SZLPC |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3407 of 2007 |
| Judgment of: | Raphael FM |
| Hearing date: | 25 July 2008 |
| Date of Last Submission: | 25 July 2008 |
| Delivered at: | Sydney |
| Delivered on: | 25 July 2008 |
REPRESENTATION
| Applicant: | No appearance |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
Application dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the first respondent’s costs assessed in the sum of $2,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
SYG 3407 of 2007
| SZLPC |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
In this matter, the applicant filed an application with this court on 2 November 2007 giving a Post Office address for receiving mail and a home address. He attended a callover of the matter before Registrar Morgan on 22 November 2007 when the matter was set down for hearing on 21 May 2008 and consequential orders were made. On 6 February 2008 a letter was sent to the applicant at his residential address from this court advising him that the hearing date had been vacated and that it was relisted for 10.15am on 25 July 2008. There was no response from the applicant in relation to this letter. The court has not received any indication that his address has changed.
I am advised by the solicitor for the first respondent that a letter enclosing the first respondent's submissions was sent to the applicant at his Post Office box on 17 July 2008, but that letter was returned. A further letter was then sent to the applicant on 23 July 2008 by Express Post. That letter, I am told, reminded the applicant of today's hearing date.
The applicant was not in attendance at 10.15am today and was not in attendance when his name was called outside the court at 10.35am. I dismiss the application pursuant to Part 13 rule 13.03A(c) Federal Magistrates Court Rules2001 (Cth). I order the applicant pay the respondent’s costs which I assess in the sum of $2000.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 29 July 2008
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