SZOMY v Minister for Immigration
[2010] FMCA 765
•29 September 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOMY v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 765 |
| MIGRATION – Non appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZOMY |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1461 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 29 September 2010 |
| Date of Last Submission: | 29 September 2010 |
| Delivered at: | Sydney |
| Delivered on: | 29 September 2010 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
Application dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $3,700.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1461 of 2010
| SZOMY |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant lodged an application to review a decision of the Refugee Review Tribunal made on 31 May 2010 on 1 July 2010. On 22 July 2010 she attended a directions hearing before the Registrar and signed some short minutes of order which included an order that the matter would be set down for hearing before me today at 2.15 pm. The applicant was not present at 2.15 pm and she was not present when her name was called outside the Court at 2.30 pm.
I note that she did not attend an interview with the delegate, nor did she attend a hearing before the Tribunal, although she wrote to the Tribunal later to explain that she was in Adelaide on the hearing day and asked for another hearing.
In these circumstances I am prepared to accede to the request by the respondent that the application should be dismissed through non-appearance pursuant to Part 13, rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001 and I order that the applicant pay the first respondent’s costs which I assess in the sum of $3,700.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 6 October 2010
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