SZNHX v Minister for Immigration

[2009] FMCA 896

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNHX v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 896

MIGRATION – No appearance.

Federal Magistrates Court Rules2001

Applicant: SZNHX

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 564 of 2009

Judgment of: Raphael FM

Hearing date: 7 September 2009

Date of Last Submission: 7 September 2009

Delivered at: Sydney

Delivered on: 7 September 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) of the Federal Magistrates Court Rules2001.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $3,000.00. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 564 of 2009

SZNHX

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant filed an application with this Court seeking review of a decision of the Refugee Review Tribunal, made on

   
   

   29 January 2009, on 10 March 2009.  On 2 April 2009 the applicant, together with a Mandarin interpreter, attended a call-over at which time the application was set down for hearing today at 10.15 a.m. 

2. The applicant did not file any amended application as permitted by the court orders.  On 31 August 2009 the respondent’s solicitors sent by courier a letter to the applicant which clearly stated the time, date and place of hearing and also enclosed a map and a copy of the respondent’s written submissions.

3. The applicant was not present in Court at 10.15 a.m. and was still not present when her name was called outside the Court at 10.32 a.m. In the circumstances, I propose to dismiss this matter pursuant to Part 13, rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. The applicant is to pay the respondent’s costs which I assess in the sum of $3,000.00. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date:  15 September 2009