SZRHR v Minister for Immigration
[2013] FMCA 104
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZRHR v MINISTER FOR IMMIGRATION & ANOR | [2013] FMCA 104 |
| MIGRATION – No appearance. |
| Applicant: | SZRHR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 692 of 2012 |
| Judgment of: | Raphael FM |
| Hearing date: | 6 February 2013 |
| Date of Last Submission: | 6 February 2013 |
| Delivered at: | Sydney |
| Delivered on: | 6 February 2013 |
REPRESENTATION
| For the Applicant: | No appearance. |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $4,200.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 692 of 2012
| SZRHR |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This matter was commenced by application on 29 March 2012. At that time the applicant was represented by a firm of lawyers. On 2 May 2012 the lawyers filed a notice of intention to withdraw. And on 16 May 2012 they filed a notice of withdrawal. On 21 June 2012 I held a directions hearing in the matter which was attended by the applicant and set the case down for hearing on 6 February 2013 at 10.15am. The applicant then engaged another lawyer who filed an amended application on 19 July 2012. On 25 January 2013 the second lawyer filed a notice of intention to withdraw, and on 1 February 2013 filed a notice of withdrawal.
On 29 January 2013 the respondent sent to the applicant, at his last known address for service, a copy of its submissions reminding the applicant that the hearing was set down for today, requiring him to attend court and advising him that if he did not so attend the respondent would seek orders that the matter be dismissed and that he pay the Minister's costs. The applicant was not present in court at 10.15am and was not present when his 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 Magistrate's Court Rules and order that the applicant pay the respondent’s costs assessed in the sum of $4,200.00.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Date: 19 February 2013
0
0