SZMTZ v Minister for Immigration
[2009] FMCA 205
•5 March 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMTZ v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 205 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZMTZ |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2470 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 5 March 2009 |
| Date of Last Submission: | 5 March 2009 |
| Delivered at: | Sydney |
| Delivered on: | 5 March 2009 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Mr Y Shariff |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant pay the First Respondent's costs assessed in the sum of $3,200.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2470 of 2008
| SZMTZ |
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 the court on 23 September 2008. The application received a first court date on 16 October when the matter was set down for hearing before me today. At that time, the applicant was legally represented although on 10 February 2009 Jack Singh & Associates, Solicitors, filed a Notice of Ceasing to Act. The applicant had at all times given an address in Queensland and that was the address for service given to the court as the applicant's last known address by the solicitors when they filed the Notice of Ceasing to Act.
The respondent's solicitor sent a copy of the submissions in this matter to the former solicitors prior to the Notice of Ceasing to Act being filed in this court. The applicant was not in attendance at court at 10.15a.m today and was not in attendance when his name was called outside the court at 10.35a.m. In those circumstances I propose to dismiss the matter pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. I order the applicant pay the First Respondent's costs assessed as $3,200.00.
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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