SZRFM v Minister for Immigration
[2012] FMCA 926
•2 October 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZRFM v MINISTER FOR IMMIGRATION & ANOR | [2012] FMCA 926 |
| MIGRATION – Application to review decision of Refugee Review Tribunal – no appearance. |
| Federal Magistrates Court Rules 2001 (Cth), rr.13.03C |
| Applicant: | SZRFM |
| First Respondent: | MINISTER FOR IMMIGRATION |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 480 of 2012 |
| Judgment of: | Barnes FM |
| Hearing date: | 2 October 2012 |
| Delivered at: | Sydney |
| Delivered on: | 2 October 2012 |
REPRESENTATION
| Applicant: | No appearance |
| Solicitors for the Respondents: | Australian Government Solicitor |
ORDERS
There being no appearance by the applicant the application of 5 March 2012 is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth).
The applicant pay the costs of the first respondent fixed in the sum of $4,500.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 480 of 2012
| SZRFM |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application for review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the first respondent not to grant the applicant a protection visa. The applicant sought review by application filed in this Court on 5 March 2012. The applicant attended a directions hearing on 28 March 2012, on which day directions were made listing the matter for hearing today at 2.15 pm. He has not filed any further documentation. He was not present at the time when the matter was listed. Nor is he present now, some 10 minutes later.
The first respondent relies on an affidavit of Elizabeth Warner-Knight sworn on 26 September 2012 to which is annexed a copy of Departmental records indicating that the applicant in this proceeding departed Australia on 15 August 2012 and has no further visa or right to return to Australia. In these circumstances and in the absence of the applicant, the respondent seeks that the matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). I consider it is appropriate to so order and also to order that the applicant pay the costs of the first respondent in the amount sought.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Barnes FM
Date: 5 October 2012
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