SZMYM v Minister for Immigration
[2009] FMCA 477
•6 May 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMYM v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 477 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZMYM |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3059 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 6 May 2009 |
| Date of Last Submission: | 6 May 2009 |
| Delivered at: | Sydney |
| Delivered on: | 6 May 2009 |
REPRESENTATION
| For the Applicant: | No appearance |
| 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 $3,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3059 of 2008
| SZMYM |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This matter was commenced by an application filed on the 21November 2008 with this court. On 11 December 2008 the applicant attended before a Registrar where she consented to Short Minutes of Order. They included the notification of a hearing today at 2.15p.m. The court action sheet indicates that the applicant attended with a Mandarin interpreter. On 29 April 2009 the Respondent sent by courier a letter to the Applicant enclosing an Outline of Submission. The letter indicated that the hearing was to take place today at 2.15p.m. and that if the Applicant did not attend the hearing the Respondent was instructed to have the matter dismissed with costs. The Applicant was not present in court at 2.15p.m. nor was she present when her name was called outside the court at 2.30p.m. She is still not present. In the circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrate Court Rules 2001.
I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 20 May 2009
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