SZMNE v Minister for Immigration
[2008] FMCA 1660
•3 December 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMNE v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1660 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZMNE |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1803 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 3 December 2008 |
| Date of Last Submission: | 3 December 2008 |
| Delivered at: | Sydney |
| Delivered on: | 3 December 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 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondents costs assessed in the sum of $3,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1803 of 2008
| SZMNE |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter, an application was lodged with the court on 14 July 2008 for the review of a decision of the Refugee Review Tribunal signed on 23 May 2008 and handed down on 12 June 2008. On 7 August 2008 the applicant appeared before a Registrar of this court, when the matter was set down for hearing before me today at 10.15a.m. The applicant had the assistance of a Mandarin interpreter at the directions hearing. I am satisfied that he is aware of what is happening today.
The applicant was not present at 10.15a.m. and he was not present when his name was called outside the court at 10.47a.m. He is still not present whilst I am giving these reasons. In the circumstances I propose to dismiss the matter pursuant to Part 13 Rule13.03C(1)(c) of the Federal Magistrate Court Rules 2001 (the “Rules”) and I order that the Applicant pay the First Respondents costs which I assess in the sum of $3,500.00.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
0
1