SZMNA v Minister for Immigration
[2008] FMCA 1311
•22 August 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMNA v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1311 |
| MIGRATION – Persecution – review of Refugee Review Tribunal decision – application – dismissed for non-attendance. |
| Federal Magistrates Court Rules 2001, r.13.03A |
| Applicant: | SZMNA |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1794 of 2008 |
| Judgment of: | Cameron FM |
| Hearing date: | 22 August 2008 |
| Date of Last Submission: | 22 August 2008 |
| Delivered at: | Sydney |
| Delivered on: | 22 August 2008 |
REPRESENTATION
| No appearance by the Applicant |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 the application be dismissed.
The applicant pay the first respondent’s costs fixed in the amount of $1,500.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1794 of 2008
| SZMNA |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
It is now 9:34am and there has been no appearance by or for the applicant. This is the second occasion on which the matter has come before the Court for directions. On the first occasion on 18 August 2008, the applicant failed to appear. At that time the matter was stood over to today for further directions. The Court wrote to the applicant that day by express post advising him of today’s date. Similarly, the first respondent’s solicitors wrote to the applicant that day, also by express post. A copy of the letter from the Minister’s solicitors to the applicant is Exhibit 1 on the application which the Minister has made for the proceedings to be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.
In that letter from the Minister’s solicitors the following appears:
If you do not attend on this occasion the first respondent will seek orders from the Court that your matter be dismissed and that you pay the Minister’s legal costs of the proceedings.
It should be noted that the matter was called outside the Court today at 9:30am and there was no appearance and the applicant made no response to the call.
As this is the second occasion on which the applicant has failed to appear and also the second occasion on which he has not given any explanation to the Court for his absence, I am satisfied that it is appropriate to dismiss the proceedings as sought by the Minister. Consequently, pursuant to r.13.03A(c) the application will be dismissed.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Cameron FM
Associate:
Date: 18 September 2008
0
0
1