SZLSR v Minister for Immigration
[2008] FMCA 773
•5 June 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLSR v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 773 |
| MIGRATION – No appearance. |
| Applicant: | SZLSR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3750 of 2007 |
| Judgment of: | Raphael FM |
| Hearing date: | 5 June 2008 |
| Date of Last Submission: | 5 June 2008 |
| Delivered at: | Sydney |
| Delivered on: | 5 June 2008 |
REPRESENTATION
| Applicant in person |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
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 $3,700.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3750 of 2007
| SZLSR |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
In this matter, the applicant filed his application on 6 December 2007 in respect of a Tribunal decision dated 29 October 2007. The application was therefore, prima facie, out of time. However, it has proceeded and on 20 December 2007 the applicant attended a callover before the Registrar where the matter was set down for hearing on 5 June 2008 at 2.15pm. The applicant appears to have signed short minutes of order and I can assume he was aware of today’s hearing.
The applicant was not present at 2.15pm and was not present when his name was called outside the court at 2.30pm. In the circumstances, I propose to dismiss the matter pursuant to Part 13 rule 13.03A(c) of the Federal Magistrates Court Rules2001.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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