SZMGC v Minister for Immigration
[2008] FMCA 1184
•14 August 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMGC v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1184 |
| MIGRATION – No appearance. |
Federal Magistrates Court Rules 2001
| Applicant: | SZMGC |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1207 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 14 August 2008 |
| Date of Last Submission: | 14 August 2008 |
| Delivered at: | Sydney |
| Delivered on: | 14 August 2008 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Ms S Sirtes |
| 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 $4,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1207 of 2008
| SZMGC |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The application in this matter was filed with the court on 8 May 2008. The applicant attended a directions hearing before a Registrar on 5 June 2008 where she was assisted by a Mandarin interpreter. Order 6 of the orders made on that day were for the matter to be listed for hearing here before me today at 2.15 pm. The applicant signed the minutes of order. On 17 July 2008 the applicant filed with the court a notice of a change of address for service. I have before me an affidavit of Alison Lena Faron who deposes to the fact that on 11 August 2008 a number of documents was sent to the applicant by courier at the address contained on the notice of address for service, and those documents included a letter advising the applicant that the hearing was to take place today. The applicant was not in attendance at 2.15. She was not in attendance when her name was called outside the court at 2.35. In the circumstances, I propose to dismiss the proceedings pursuant to Part 13 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 $4,000.00.
I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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