SZNWD v Minister for Immigration
[2009] FMCA 1293
•17 December 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZNWD v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 1293 |
| MIGRATION – No appearance. |
| Migration Act 1958, s.426A Federal Magistrates Court Rules 2001 |
| Applicant: | SZNWD |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 2071 of 2009 |
| Judgment of: | Raphael FM |
| Hearing date: | 17 December 2009 |
| Date of last submission: | 17 December 2009 |
| Delivered at: | Sydney |
| Delivered on: | 17 December 2009 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13 Rule 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 $3,750.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2071 of 2009
| SZNWD |
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 27 August 2009 seeking review of a decision of the Refugee Review Tribunal dated 19 June 2009. The application was slightly out of time and the applicant required the leave of the court to proceed. The applicant attended a call over before the Registrar on 17 September 2009 and the matter was set down for hearing today at 10.15a.m. but on the same day the applicant was sent a letter by the court confirming that the time should have been 2.15pm.
The applicant received legal advice pursuant to the Minister’s scheme. The applicant had not previously attended before the delegate or before the Tribunal and the Tribunal had proceeded to make its findings pursuant to s.426A of the Migration Act 1958 (the “Act”).
The applicant was not present in court at 2.15pm today nor was he present at 2.30pm when his name was called. In those circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 and I order that the applicant pay the first respondent’s costs which I assess in the sum of $3,750.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 22 December 2009
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