SZNEL v Minister for Immigration
[2009] FMCA 669
•9 July 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZNEL v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 669 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZNEL |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 166 of 2009 |
| Judgment of: | Raphael FM |
| Hearing date: | 9 July 2009 |
| Date of Last Submission: | 9 July 2009 |
| Delivered at: | Sydney |
| Delivered on: | 9 July 2009 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondents: | DLA Phillips Fox |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant pay the First Respondent’s costs assessed in the sum of $2,700.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 166 of 2009
| SZNEL |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was filed with the court on 22 January 2009. On 5 February 2009 the applicant, who claims to be a Korean national, appeared at a directions hearing with a Korean interpreter, when the matter was set down for hearing on 9 July 2009 at 2.15pm. The applicant was not in attendance at the court at 2.15 pm, nor was he in attendance when his name was called outside the court at 2.35pm.
The respondent has filed an affidavit of Pua Soliola. She indicates that on 2 July she sent to the applicant, at the address for receiving mail given in the application and his home address, copies of the respondent’s submissions together with a letter which indicated that the hearing was to take place today. I am not surprised that the applicant has not attended today; he did not attend an interview before the delegate; he did not attend the interview before the Tribunal.
I dismiss the application pursuant to Rule 13 Part 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. I order that the Applicant pay the First Respondent’s costs assessed in the sum of $2,700.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 22 July 2009
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