SZONT v Minister for Immigration
[2010] FMCA 796
•11 October 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZONT v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 796 |
| MIGRATION – Non-appearance. |
| Federal Magistrates Court Rules2001 |
| Applicant: | SZONT |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1626 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 11 October 2010 |
| Date of Last Submission: | 11 October 2010 |
| Delivered at: | Sydney |
| Delivered on: | 11 October 2010 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the First Respondent: | 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 1626 of 2010
| SZONT |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
There comes before me today an application filed on 26 July 2010 seeking a review of a decision of the Refugee Review Tribunal dated 22 June 2010. The applicant had sought a protection (Class XA) visa on 28 January 2010. She was assessed by a delegate of the Minister but she did not attend an interview with the delegate. When she was unsuccessful, she sought review of that decision from the Refugee Review Tribunal but she did not appear before it although she was given an opportunity to do so.
She then filed the application to this Court. On 12 August 2010 she appeared before a Registrar who gave directions including a direction that the matter would be heard today at 2.15 pm. On 5 October 2010 the respondent’s solicitors wrote to the applicant at her address for service reminding her of the hearing and informing her that if she did not attend they would seek orders that the matter be dismissed.
The applicant was not in attendance at 2.15 pm and was still not in attendance when her name was called outside the Court at 2.33 pm. In the circumstances, I believe it is appropriate to dismiss the matter pursuant to Part 13, rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001. I order that the applicant pay the first respondent’s costs which I have assessed in the sum of $4,000.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 15 October 2010
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