SZNAD v Minister for Immigration

[2009] FMCA 648

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNAD v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 648

MIGRATION – Review of RRT decision – no appearance.

Federal Magistrates Court Rules2001

Applicant: SZNAD

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3175 of 2008

Judgment of: Raphael FM

Hearing date: 6 July 2009

Date of Last Submission: 6 July 2009

Delivered at: Sydney

Delivered on: 6 July 2009

REPRESENTATION

For the Applicant: No appearance

Solicitors for the First
Respondent: DLA Phillips Fox

ORDERS

1. Application dismissed pursuant to Part 13, Rule 13.03C(1)(c) Federal Magistrates Court Rules 2001. 

2. Applicant to pay the First Respondent's costs assessed in the sum of $2,300.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3175 of 2008

SZNAD

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was made to this Court on 2 December 2008 seeking to review a decision of the Refugee Review Tribunal handed down on 30 October 2008. The applicant had not attended the hearing before the Tribunal. The applicant received advice under the Minister's scheme. The applicant attended a call-over of this matter before a Registrar on 29 January 2009 and was assisted by a Cantonese interpreter. On that day the matter was set down for hearing on 6 July at 10.15 a.m. The applicant was not in Court at 10.15 a.m. nor was she present when her name was called outside the Court at 10.30 a.m. In these circumstances, I dismiss the application pursuant to Part 13, Rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001. I order that the applicant pay the respondent's costs assessed in the sum of $2,300.00.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM

Associate: 

Date:  9 July 2009