SZPAE v Minister for Immigration
[2011] FMCA 413
•1 June 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZPAE v MINISTER FOR IMMIGRATION & ANOR | [2011] FMCA 413 |
| MIGRATION – Visa – Protection (Class XA) visa – application for judicial review – where applicant did not attend court on final hearing. |
| Migration Act 1958 (Cth), s.476 Federal Magistrates Court Rules 2001 r.13.03C |
| Applicant: | SZPAE |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 352 of 2011 |
| Judgment of: | Scarlett FM |
| Hearing date: | 1 June 2011 |
| Date of Last Submission: | 1 June 2011 |
| Delivered at: | Sydney |
| Delivered on: | 1 June 2011 |
REPRESENTATION
| The Applicant: | No Appearance |
| Solicitor for the Respondents: | Sparke Helmore |
ORDERS
The application is dismissed due to the non-appearance of the Applicant.
The Applicant is to pay the First Respondent’s costs fixed in the sum of $3,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 352 of 2011
| SZPAE |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Application
This is an application for review of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister for Immigration and Citizenship not to grant the applicant a Protection (Class XA) visa.
The Applicant attended before the Court on the first court date, where the application was set down for final hearing today. The Court made directions for the filing of an amended application, affidavits and written submissions. The Applicant had not filed any documents.
The Minister’s lawyers have prepared a Court Book and filed and served their written submissions.
The application was listed for hearing at 10:15am today. An interpreter in the Indonesian language was arranged for the applicant and has attended. Ms Rayment, solicitor, has appeared for the Minister.
The Applicant did not answer when the matter was called at 10:15am, nor did he answer when the matter was called again at 10:51am. No member of the legal profession has attended to represent him.
No message has been received from the Applicant or anyone on his behalf indicating that the Applicant has been hindered, delayed or prevented from attending Court today because of illness, injury or other emergency.
As the Applicant has not appeared at the final hearing without any explanation, the Minister’s solicitor has applied to the Court for the Application to be dismissed under the provisions of Rule 13.03C.
I propose to dismiss the Application.
The Minister seeks costs in the sum of $3,500.00. This is an appropriate matter for a costs order in favour of the Minister, who appears to be ready to meet the application for review.
I am satisfied that the sum of $3,500.00 is appropriate for costs in the circumstances.
I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate:
Date: 1 June 2011
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