SZNEF v Minister for Immigration

[2009] FMCA 801

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNEF v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 801

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZNEF

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 126 of 2009

Judgment of: Raphael FM

Hearing date: 29 July 2009

Date of Last Submission: 29 July 2009

Delivered at: Sydney

Delivered on: 29 July 2009

REPRESENTATION

Counsel for the Applicant: No appearance

Counsel for the Respondent: Mr Reynolds

Solicitors for the Respondent: Clayton Utz

ORDERS

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

2. The applicant pay the respondent’s costs assessed in the sum of $4,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 126 of 2009

SZNEF

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. On 20 January 2009 the applicant filed an application with this court seeking to have reviewed a decision of the Refugee Review Tribunal dated 8 June 2007. On 5 February 2009 he attended, together with a Mandarin interpreter, the first directions hearing at which the matter was set down for hearing before me at 10.15a.m. today.  

2. The applicant did not appear at the court at 10.15a.m. and was not in attendance when her name was called outside at 10.30a.m.. In those circumstances I propose to dismiss the matter for non-appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.  I order the Applicant pay the First Respondent’s costs which I assess in the sum of $4,000.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date:  18 August 2009