SZLSR v Minister for Immigration and Anor (No.2)
[2008] FMCA 1515
•27 October 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLSR v MINISTER FOR IMMIGRATION & ANOR (No.2) | [2008] FMCA 1515 |
| MIGRATION – Review of RRT decision – where application previously dismissed for non-appearance – 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: | 27 October 2008 |
| Date of Last Submission: | 27 October 2008 |
| Delivered at: | Sydney |
| Delivered on: | 27 October 2008 |
REPRESENTATION
| Applicant: | No appearance |
| Solicitors for the Respondent: | DLA Phillips Fox |
ORDERS
Application dismissed.
Applicant to pay the First Respondent’s costs assessed in the sum of $500.00.
| 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
The substantive application by SZLSR came before me for hearing on 5 June 2008. On that day the applicant did not appear and I dismissed the matter pursuant to Pt 13, r.13.03A(c) of the Federal Magistrates Court Rules2001 (Cth).
On 26 September 2008 the applicant attended before the Registry of this court and took out an application to set aside the order that I had made in June. It was clearly stamped on the document that he took out that the matter was returnable today at 9.30 a.m. The applicant did not appear at that time and at 10.02 a.m., after his name was called outside the court, was still not in attendance.
In those circumstances that application is dismissed and the applicant is ordered to pay the respondent's costs which I have set in the sum of $500.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 10 November 2008
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