SZLZO v Minister for Immigration
[2008] FMCA 1031
•10 July 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLZO v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1031 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZLZO |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 399 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 10 July 2008 |
| Date of Last Submission: | 10 July 2008 |
| Delivered at: | Sydney |
| Delivered on: | 10 July 2008 |
REPRESENTATION
| For the Applicant: | In person |
| Solicitors for the Respondent: | DLA Phillips Fox |
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 $2,800.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 399 of 2008
| SZLZO |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was filed with the court on 20 February 2008. The applicant gave an address in Allawah as his home address and a PO Box at Canley Vale as his address for receiving mail. The applicant did not attend the first directions hearing of the matter on 20 March but he sent in a medical certificate and the directions hearing was adjourned until 3 April. The applicant attended the court on 3 April when the matter was set down for hearing today and the applicant was ordered to file an amended application with full particulars by 26 June. No amended application was filed.
The applicant had not attended the hearing before the Tribunal and the Tribunal therefore concluded that it could not be satisfied that he was a person to whom Australia owed protection obligations. It is not surprising that the Tribunal affirmed the decision under review on the grounds that it had had no opportunity to explore the details or test the veracity of the applicant's claims.
The applicant did not attend court at 2.15p.m. today as required and was still not in attendance when his name was called outside the court at 2.35p.m. In those circumstances I propose to dismiss the matter pursuant to Part 10 Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 and order that the applicant pay the First Respondent's costs which I assess in the sum of $2,800.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
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