SZQAH v Minister for Immigration
[2011] FMCA 456
•6 June 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZQAH v MINISTER FOR IMMIGRATION & ANOR | [2011] FMCA 456 |
| MIGRATION – No appearance. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZQAH |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 449 of 2011 |
| Judgment of: | Raphael FM |
| Hearing date: | 6 June 2011 |
| Date of Last Submission: | 6 June 2011 |
| Delivered at: | Sydney |
| Delivered on: | 6 June 2011 |
REPRESENTATION
| For the Applicant: | No Appearance |
| Solicitors for the Respondents: | DLA Piper |
ORDERS
The application be dismissed.
The Applicant to pay First Respondent’s costs assessed at the sum of $3,200.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 449 of 2011
| SZQAH |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant filed an application with this court seeking review of a decision of the Refugee Review Tribunal on 14 March 2011. He attended a call-over of the matter before Registrar Segal on
5 April 2011, with the assistance of an interpreter, and was advised that the matter would be set down for hearing at 2.15pm today.The applicant was not present at 2.15pm today, nor was he present when his name was called outside the court at 2.30pm.
The respondent filed in court an affidavit of Sheaj Sayers indicating that the applicant was provided with details of the hearing date, together with a map of the premises, on 27 May 2011 and a copy of the respondent’s submissions. The document was sent to an address of the applicant advised as his last known address and appears, at page 17, to have been signed by a person in the Mandarin script.
In the circumstances I believe it is appropriate to proceed to dismiss the matter for non-appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. The applicant is to pay the first respondent’s costs assessed at the sum of $3,200.00.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 16 June 2011
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