SZQAZ v Minister for Immigration

[2011] FMCA 527

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZQAZ v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 527

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZQAZ

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 494 of 2011

Judgment of: Raphael FM

Hearing date: 4 July 2011

Date of Last Submission: 4 July 2011

Delivered at: Sydney

Delivered on: 4 July 2011

REPRESENTATION

For the Applicant: No Appearance

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The application be dismissed.

2. The Applicant to pay First Respondent’s costs assessed at the sum of $3,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 494 of 2011

SZQAZ

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was made to the court on 18 March 2011 seeking review of a decision of the Refugee Review Tribunal handed down on 11 February 2011. The court notes that the applicant did not attend before either the delegate or the Tribunal. He did, however, attend before Registrar Tesoriero on 14 April 2011 when this matter was set down for hearing on 27 June 2011.  On 29 April 2011 this court wrote to the applicant at his address for service informing him that the hearing had been rescheduled until 10.15am on 4 July 2011. On 15 June 2011 the solicitor for the respondents sent a letter by express post to the applicant reminding him of the hearing and providing him with a copy of their submissions.

2. The applicant was not present in court at 10.15am nor had he appeared by the time his name was called outside the court at 10.30am. In the circumstances I propose to dismiss the 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 respondent’s costs which I assess at the sum of $3,500.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date:  7 July 2011