SZMOZ v Minister for Immigration
[2008] FMCA 1704
•11 December 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMOZ v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1704 |
| MIGRATION – No appearance – no convention nexus. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZMOZ |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1998 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 11 December 2008 |
| Date of Last Submission: | 11 December 2008 |
| Delivered at: | Sydney |
| Delivered on: | 11 December 2008 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | Australian Government Solicitor |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03C(1)(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 1998 of 2008
| SZMOZ |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the Applicant filed an application with this court on 4 August 2008 seeking review of a decision of the Refugee Review Tribunal made on 19 June 2008. The applicant attended a directions hearing before the Registrar on 21 August 2008 in which the matter was set down for hearing today at 10.15a.m. On 1 December 2008 the applicant filed what was described as a short written outline of submissions. On 11 December 2008 the applicant was not in attendance at 10.15a.m. and was still not in attendance when his name was called outside the court at 10.35a.m. I know that the applicant did not appear before the Tribunal and given the findings of both the delegate and the Tribunal that his claims were not convention related, his absence today is not unsurprising.
I dismiss the application pursuant to Part 13 Rule 13.03(C)(1)(c) of the Federal Magistrates Court Rules 2001. I order the Applicant to 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:
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