SZQTH v Minister for Immigration and Citizenship

[2012] FCA 1248

FEDERAL COURT OF AUSTRALIA

SZQTH v Minister for Immigration and Citizenship [2012] FCA 1248

Citation:		SZQTH v Minister for Immigration and Citizenship [2012] FCA 1248
Parties:		SZQTH v MINISTER FOR IMMIGRATION AND CITIZENSHIP  and REFUGEE REVIEW TRIBUNAL
File number:		NSD 959 of 2012
Judge:		YATES J
Date of judgment:		8 November 2012
Legislation:		Federal Court Rules 2011 r 35.33
Date of hearing:	8 November 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	5
Counsel for the Applicant:	The Applicant did not appear
Solicitor for the First Respondent:	Mr O Jones of Clayton Utz
Solicitor for the Second Respondent:	Submitting appearance

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 959 of 2012

BETWEEN:

SZQTH
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	YATES J
DATE OF ORDER:	8 NOVEMBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed with costs fixed in the sum of $1770.00.

Note:    Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 959 of 2012

BETWEEN:

SZQTH
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	YATES J
DATE:	8 NOVEMBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

1. This is an application for an extension of time within which to file an application for leave to appeal against a judgment of the Federal Magistrates Court of Australia given on 8 June 2012. The application is made pursuant to r 35.14 of the Federal Court Rules 2011. 

2. Orders have been previously made by the Court to make the application ready for hearing, including the filing of submissions.  No submissions have been filed by the applicant.  The Minister filed an outline of submissions on 2 November 2012.

3. When the matter was called on for hearing today there was no appearance by the applicant.  The applicant was to appear by video link from the Victorian Registry of the Court in Melbourne.  I have had the matter called outside the Court in Melbourne but there has been no appearance. 

4. In the circumstances the Minister moves pursuant to r 35.33(1)(a)(i) that the application be dismissed with costs. I propose to make that order.

5. [Submissions were made about fixing costs as a lump sum.]

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.

Associate:

Dated:       8 November 2012