SZMJO v Minister for Immigration
[2008] FMCA 1492
•30 October 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMJO v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1492 |
| MIGRATION – No appearance. |
Federal Magistrates Court Rules 2001
| Applicant: | SZMJO |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1496 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 30 October 2008 |
| Date of Last Submission: | 30 October 2008 |
| Delivered at: | Sydney |
| Delivered on: | 30 October 2008 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Mr P Reynolds |
| Solicitors for the Respondent: | Clayton Utz |
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 $3,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1496 of 2008
| SZMJO |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This matter was commenced by an application filed on 11 June 2008. On 3 July 2008 the applicant attended a directions hearing before a Registrar of this court when the matter was set down for hearing today at 10.15a.m. Some Short Minutes of Order, which included that information, were prepared and signed by the applicant who had the benefit of a Mandarin interpreter. On 24 September 2008 the respondent's solicitors sent to the applicant at the address which he had given as his address for receiving correspondence in connection with this matter, a copy of its outline of submissions and reminded the applicant of today's hearing. The applicant was not in attendance at 10.15a.m. and had not arrived when his name was called outside the court at 10.43a.m.
In those circumstances I propose to dismiss the matter 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 which I assess in the sum of $3,000.00.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
0
0
0