SZOIP v Minister for Immigration
[2010] FMCA 563
•22 July 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOIP v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 563 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZOIP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 814 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 22 July 2010 |
| Date of Last Submission: | 22 July 2010 |
| Delivered at: | Sydney |
| Delivered on: | 22 July 2010 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
Application dismissed.
Applicant to pay the First Respondent’s costs assessed in the sum of $4,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 814 of 2010
| SZOIP |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant sought review of a decision of the Refugee Review Tribunal by way of an application filed in the court on 14 April 2010. On 6 May 2010 he attended a directions hearing before Registrar Segal of this court. On that day the matter was set down for hearing at 10.15a.m. today.
On 10 May 2010 the solicitors for the respondent sent to the applicant two letters, one to her post office box address and one to her home address, advising her of the hearing date. On 20 July 2010 Ms Alison Faron affirmed an affidavit annexing details of the respondent’s written submissions that were sent to the applicant on 12 July 2010 again to the PO Box by express post and to the home address by courier.
The applicant was not at court at 10.15a.m. when the case was due to be heard nor was she there when her name was called outside the court at 10.35a.m. In the circumstances I propose to dismiss the matter for non-appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrate’s Court’s Rules 2001.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Date: 3 August 2010
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