SZOKB v Minister for Immigration
[2010] FMCA 610
•4 August 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOKB v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 610 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZOKB |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1018 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 4 August 2010 |
| Date of Last Submission: | 4 August 2010 |
| Delivered at: | Sydney |
| Delivered on: | 4 August 2010 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondents: | Mr D Tynan |
| Solicitors for the Respondents: | Sparke Helmore |
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 $4,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1018 of 2010
| SZOKB |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant filed an application seeking review of a decision of the Refugee Review Tribunal on 10 May 2010. The matter was given a directions hearing before a Registrar on 27 May 2010 but the applicant did not appear. The directions hearing was adjourned until 3 June 2010 when the applicant did appear and signed Short Minutes of Order pursuant to which, under Order 6, the matter was set down for hearing on 4 August 2010 at 10.15a.m.
The respondents wrote to the applicant on 27 July 2010 reminding him of the hearing date and providing him with a copy of their submissions. The applicant was not present in court at 10.15a.m. and was not present when his name was called outside at 10.30a.m. In the circumstances, the application will be dismissed for non appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
The Applicant must pay the First Respondent’s costs which I assess in the sum of $4,000.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Date: 12 August 2010
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