SZNME v Minister for Immigration

[2009] FMCA 976

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNME v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 976

MIGRATION – Review of RRT decision – no appearance.

Federal Magistrates Court Rules2001

Applicant: SZNME

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 894 of 2009

Judgment of: Raphael FM

Hearing date: 16 September 2009

Date of Last Submission: 16 September 2009

Delivered at: Sydney

Delivered on: 16 September 2009

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondents: DLA Phillips Fox

ORDERS

1. Application dismissed.

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 894 of 2009

SZNME

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was filed on 17 April 2009 seeking review of a decision of the Refugee Review Tribunal made on 27 March 2009. The applicant lives in Tamworth. He attended a callover of the matter before a registrar of this court on 7 May 2009 and the case was set down for hearing today at 10.15 am. The applicant was sent a letter by the respondent’s solicitors advising him of the hearing date, together with a copy of the first respondent’s outline of submissions, dated 4 September 2009. The applicant was not present in court at 10.15 am and was still not present when his name was called outside the court at 10.30 am.

2. In the circumstances, I propose to dismiss the matter pursuant to Part 13, rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001 and order that the applicant pay the respondent’s costs, which I assess in the sum of $3,000.00.

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

Associate: 

Date:  2 October 2009