SZOZW v Minister for Immigration
[2011] FMCA 181
•16 March 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOZW v MINISTER FOR IMMIGRATION & ANOR | [2011] FMCA 181 |
| MIGRATION – PRACTICE & PROCEDURE – Refugee Review Tribunal – non attendance by Applicant at the first court event – dismissal pursuant to Reg 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). |
| Migration Act 1958 (Cth), ss.424A, 477 Federal Magistrates Court Rules 2001 (Cth), Regulation 13.03C(1)(c) |
| Applicant: | SZOZW |
| Respondents: | MINISTER FOR IMMIGRATION & CITIZENSHIP & ANOR |
| File Number: | SYG 283 of 2011 |
| Judgment of: | Emmett FM |
| Hearing date: | 16 March 2011 |
| Date of Last Submission: | 16 March 2011 |
| Delivered at: | Sydney |
| Delivered on: | 16 March 2011 |
REPRESENTATION
| No appearance by the applicant |
| Solicitors for the Respondent: | Mr D Smith (Clayton Utz) |
| FEDERAL MAGISTRATES AT SYDNEY |
SYG 283 of 2011
| SZOZW |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP & ANOR |
Respondents
REASONS FOR JUDGMENT
The respondent seeks an order this morning dismissing the proceeding before this Court commenced by way of application filed on 21 February 2011 by reason of the failure of the applicant to appear at today’s scheduled first court date. I note that the application that was filed appears to be signed by the applicant.
The application clearly identifies today at 10:00am as the scheduled court time. The application gives the address of the court building as 88 Goulburn Street, Sydney. It is now 10.30am. There has been no communication received either from the first respondent’s solicitors or from the applicant either seeking an adjournment of today’s hearing or for any other reason.
I do note, however, that the first respondent’s solicitor, Mr Smith, was unable to confirm that the notice of appearance filed on 25 February 2011 on behalf of the first respondent has in fact been served upon the applicant. However, rule 13.03C(1)(c) is still met by the failure of the applicant to appear at today’s scheduled first court date.
I note that the grounds of the application make entirely unparticularised assertions that do not disclose an error capable of review by this Court.
In the circumstances, I am satisfied that the applicant was aware of today’s scheduled first court date and for whatever reason has chosen not to attend.
Accordingly, the proceeding before this Court commenced by way of application filed on 21 February 2011 is dismissed with costs pursuant to rule 13.03C(1)(c) of the Rules.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 24 March 2011
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