SZMFF v Minister for Immigration
[2008] FMCA 1242
•1 September 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMFF & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1242 |
| MIGRATION – No appearance. |
| First Applicant: | SZMFF |
| Second Applicant: | SZMFG |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1118 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 1 September 2008 |
| Date of Last Submission: | 1 September 2008 |
| Delivered at: | Sydney |
| Delivered on: | 1 September 2008 |
REPRESENTATION
| 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 $1,800.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1118 of 2008
| SZMFF |
First Applicant
SZMFG
Second Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
This application was filed on 5 May 2008 seeking review of a decision of the Refugee Review Tribunal made on 12 March 2008. The applicant and his wife, who are joint applicants, did not appear before the Tribunal. The male applicant appears to have attended a directions hearing in the matter when it was set down for hearing today at 10.15am.
The applicant appears to have moved to the Northern Territory. He filed a notice for address for service on 29 May 2008 giving an address of a farm near Katherine. I am told by Ms McDonald who appears on behalf of the respondent that the respondent's solicitors sent a copy of the respondent's submissions to that address on 25 August 2008, but that the document was returned to sender with a note saying:
“Do not know this person, he has not worked here.”
The applicants were not present in court at 10.15am. Neither were they present when this matter was called outside the court at 10.27am. I can only assume that they have no intention of appearing. I dismiss the application pursuant to Part 13 rule 13.03A(c) of the Federal Magistrates Court Rules 2001. I order that the applicant pay the first respondent's costs assessed in the sum of $1800.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 10 September 2008
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