SZNHM v Minister for Immigration
[2009] FMCA 872
•19 August 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZNHM v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 872 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZNHM |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 498 of 2009 |
| Judgment of: | Raphael FM |
| Hearing date: | 19 August 2009 |
| Date of Last Submission: | 19 August 2009 |
| Delivered at: | Sydney |
| Delivered on: | 19 August 2009 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the First Respondent: | DLA Phillips Fox |
ORDERS
Application 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 $3,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 498 of 2009
| SZNHM |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter an application was filed on 12 May 2009 seeking review of a decision of the Refugee Review Tribunal dated 3 February 2009. The Tribunal had dismissed a merits review of a decision of a delegate on the grounds that it could not be satisfied that the applicant was a genuine Falun Gong practitioner, he not having attended a hearing before the Tribunal, nor having attended an interview with the delegate. The applicant did attend a callover of this matter before a Registrar on 26 March 2009 where he had the assistance of a Mandarin interpreter. He was informed on that day that the matter would be listed for hearing on 19 August 2009 at 2.15pm before me.
The applicant was not present at 2.15pm. He was not present when his name was called outside the court at 2.32pm and, in those circumstances, I dismiss the application pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 8 September 2009
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