SZRKO v Minister for Immigration

[2012] FMCA 1072

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZRKO v MINISTER FOR IMMIGRATION & ANOR [2012] FMCA 1072

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZRKO

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 896 of 2012

Judgment of: Raphael FM

Hearing date: 12 November 2012

Date of Last Submission: 12 November 2012

Delivered at: Sydney

Delivered on: 12 November 2012

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondents: Minter Ellison

ORDERS

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

2. Applicant to pay the First Respondent’s costs assessed in the sum of $4,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SZRKO

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for an extension of time to file proceedings for judicial review of a decision of the Refugee Review Tribunal dated 16 March 2012.  The applicant, who had not attended the hearing before the Tribunal, has not attended this morning, either at 10.15a.m. when the matter was set down for trial or when her name was called outside the court at 10.30a.m..

2. The applicant had attended the first court date on 21 June 2012 and was aware that the matter was listed for hearing today. In the circumstances, I propose to dismiss the matter pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 and order that the applicant pay the first respondent’s costs which are assessed in the sum of $4,500.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date:  16 November 2012