SZRIP v Minister for Immigration
[2012] FMCA 927
•3 October 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZRIP v MINISTER FOR IMMIGRATION & ANOR | [2012] FMCA 927 |
| MIGRATION – Application to review decision of Refugee Review Tribunal – no appearance. |
| Federal Magistrates Court Rules 2001 (Cth), r.13.03C |
| Applicant: | SZRIP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 778 of 2012 |
| Judgment of: | Barnes FM |
| Hearing date: | 3 October 2012 |
| Delivered at: | Sydney |
| Delivered on: | 3 October 2012 |
REPRESENTATION
| Applicant: | No appearance |
| Solicitors for the First Respondent: | Clayton Utz |
ORDERS
There being no appearance by the applicant the application of 10 April 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 $3,300.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 778 of 2012
| SZRIP |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This is an application for review of a decision of the Refugee Review Tribunal. The applicant sought review by application filed in this court on 10 April 2012. He attended a first court date on 31 May 2012 on which date orders were made listing the matter for final hearing today at 2.15 pm. The orders advised the applicant of the date, time and place of the hearing.
The applicant has not filed any subsequent documents. He was not present at the time the matter was listed for hearing. Nor is he present now, some 20 minutes later. In addition, the solicitor for the first respondent tendered a copy of a letter dated 26 September 2012 addressed to the applicant at the address for service provided in his application, enclosing by way of service the first respondent’s outline of submissions, reminding him of the date, time and place of the hearing, and advising him that if he did not attend in person or by legal representative the solicitors were instructed to seek to have the matter dismissed with costs.
I am satisfied on the evidence before the court that the applicant was on notice of the hearing date, time and place and of the necessity for him to attend. In his absence it is appropriate that the matter be dismissed for non-appearance pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). It is also appropriate that the applicant pay the costs of the first respondent. The amount sought is reasonable and appropriate in light of the nature of this and other similar matters.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Barnes FM.
Date: 8 October 2012
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