SZMUN v Minister for Immigration
[2009] FMCA 181
•5 March 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMUN v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 181 |
| MIGRATION – Review of RRT decision – where applicant failed to appear for hearing. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZMUN |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2526 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 |
| Solicitors for the First Respondent: | DLA Phillips Fox |
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 2526 of 2008
| SZMUN |
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 seeking review of a decision of the Refugee Review Tribunal signed on 18 August 2008 on 30 September 2008.
On 23 October 2008 the applicant attended a directions hearing at this Court when the matter was set down for hearing today at 2.15 pm. The applicant did not file any amended application nor did he indicate that he had changed his address from that given in the application. According to an affidavit of Alison Lena Faron dated 25 February 2009, a letter was sent to the applicant containing the respondent's written submissions and a reminder of the hearing date on 24 February 2009.
The applicant was not in attendance when the case was due to commence at 2.15 pm, and neither was he in attendance when his name was called outside the Court at 2.35 pm. In the circumstances I dismiss the matter pursuant to Part 13, rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001. The Applicant is to pay the respondent's costs which I assess in the sum of $3,000.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM.
Associate:
Date: 6 March 2009
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