SZMZO v Minister for Immigration
[2009] FMCA 627
•24 June 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMZO & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 627 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| First Applicant: | SZMZO |
| Second Applicant: | SZMZP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3146 of 2008 |
| Judgment of: | Raphael FM |
| Hearing date: | 24 June 2009 |
| Date of Last Submission: | 24 June 2009 |
| Delivered at: | Sydney |
| Delivered on: | 24 June 2009 |
REPRESENTATION
| For the Applicant: | No Appearance |
| Solicitors for the Respondent: | DLA Phillips Fox |
ORDERS
Applicant 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 3146 of 2008
| SZMZO & SZMZP |
Applicants
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was filed in this court on 1 December 2008 seeking judicial review of a decision of the Refugee Review Tribunal made on 6 November 2008. On 18 December 2008 the applicants attended a callover of this matter before a Registrar at which the matter was set down for hearing on 15 June. The applicants were offered the opportunity to obtain legal advice under the Minister’s scheme and, although they agreed to obtain such advice, it would appear from a document sent to this court that the chosen legal practitioner was unable to get in contact with them.
In March 2009 the hearing date of 15 June was vacated and the matter was re-listed at 10.15 today, 24 June 2009. The applicants were sent a letter on 11 March 2009 advising them of this at the address they had given in the form filed with the court. The applicants were also sent further information by the Minister’s solicitors, details of which are found in the affidavit of Alison Lena Faron affirmed on 22 July 2008.
The applicants were not in an attendance at the court at 10.15a.m., nor were they in attendance when their names were called outside the court at 10.35a.m. This is not entirely surprising as the applicants had also failed to attend the Tribunal.
In the circumstances I purpose to dismiss the proceedings pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrate Court Rules 2001.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 2 July 2009
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