SZQHT v Minister for Immigration

[2011] FMCA 673

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZQHT v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 673

MIGRATION – No appearance.

Federal Magistrates Court Rules2001

Applicant: SZQHT

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1149 of 2011

Judgment of: Raphael FM

Hearing date: 23 August 2011

Date of Last Submission: 23 August 2011

Delivered at: Sydney

Delivered on: 23 August 2011

REPRESENTATION

For the Applicant: No Appearance

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 1149 of 2011

SZQHT

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was filed with the court on 7 June 2011 seeking review of a decision by the Refugee Review Tribunal made on 13 May 2011. The applicant attended a directions hearing before Registrar Segal of this court when the matter was set down for hearing at 10.15am on 22 August 2011. The applicant was assisted by a Mandarin interpreter.

2. After the directions hearing the applicant received advice under the Minister’s scheme. On 31 July 2001, this court wrote to the applicant advising her that the hearing on 22 August 2011 would be moved to 23 August 2011 at 10.15am and, on 10 August 2011, the Minister’s solicitor wrote to the applicant providing her with a copy of the Minister’s submissions and reminding her of the hearing today. The applicant was not in court at 10.15am nor was she here when her name was called outside the court at 10.30am. In those circumstances I propose to dismiss the matter pursuant to Part 13, rule 13.03C(1)(c) of the Federal Magistrates Court Rules2001 (Cth). I order that the first applicant pay the respondent’s costs which I assess in 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:  29 August 2011