SZOUR v Minister for Immigration
[2011] FMCA 155
•24 February 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOUR v MINISTER FOR IMMIGRATION & ANOR | [2011] FMCA 155 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZOUR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2544 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 24 February 2011 |
| Date of Last Submission: | 24 February2011 |
| Delivered at: | Sydney |
| Delivered on: | 24 February 2011 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of 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 2544 of 2010
| SZOUR |
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 24 November 2010 seeking review of a decision of the Refugee Review Tribunal. The matter came on for call over on 16 December 2010 when the applicant attended with the aid of a Mandarin interpreter. At that time the applicant informed the court that he was no longer in immigration detention and gave an address for service of a PO Box in Blacktown. The applicant was provided with assistance through the Minister’s scheme.
On 16 February 2011 the Respondent sent to the applicant a copy of the First Respondent’s submissions and reminded him that the hearing was to take place today at 10.15a.m. The applicant was not in court at 10.15a.m. nor was he responsive to his name being called outside the court at 10.32a.m. In the circumstances I propose to dismiss this matter for non appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 and order that the applicant pay the First Respondent’s costs assessed in the sum of $3,700.00.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 10 March 2011
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