SZMUT v Minister for Immigration
[2009] FMCA 252
•24 March 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMUT v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 252 |
| MIGRATION – Application for review of RRT decision – where applicant failed to appear. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZMUT |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2541 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 24 March 2009 |
| Date of Last Submission: | 24 March 2009 |
| Delivered at: | Sydney |
| Delivered on: | 24 March 2009 |
REPRESENTATION
| For the Applicant: | In person |
| Solicitors for the First Respondent: | Australian Government Solicitor |
ORDERS
Application dismissed pursuant to rule 13.03C(1)(c) Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent's costs assessed in the sum of $2,600.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2541 of 2008
| SZMUT |
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 1 October 2008. The application was conspicuous for its brevity, the sole ground being that the Tribunal committed jurisdictional errors of law. On 23 October 2008 the applicant, with the aid of an interpreter, attended a directions hearing before Registrar Kavallaris when this matter was set down for hearing at 2.15 pm on 25 March 2009. On 11 November 2008, a letter was written to the applicant advising him that the hearing would not take place on 25 March, but would instead take place today at 2.15 pm. There is no indication that that letter was not received.
The applicant was not in attendance at 2.15 pm and was still not in attendance when his name was called outside the Court at 2.30 pm. In the circumstances I propose to dismiss the application on those grounds appearing in the Federal Magistrates Court Rules2001, r.13.03C(1)(c).
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 27 March 2009
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