SZRLZ v Minister for Immigration

[2012] FMCA 631

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZRLZ v MINISTER FOR IMMIGRATION & ANOR [2012] FMCA 631

MIGRATION – No Appearance.

Federal Magistrates Court Rules 2001 (Cth)

Applicant: SZRLZ

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1060 of 2012

Judgment of: Raphael FM

Hearing date: 12 July 2012

Date of Last Submission: 12 July 2012

Delivered at: Sydney

Delivered on: 12 July 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 (Cth).

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 1060 of 2012

SZRLZ

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant, a citizen of Indonesia, did not attend before the Tribunal and has not attended at this directions hearing, notwithstanding that considerable leeway in time was provided to her.  She would have been aware of the date of the directions hearing because that date was inserted by the court registry into the application which she presented on 15 May 2012.

2. In those circumstances, I propose to dismiss the application pursuant to Part 13, Rule 13.02C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth), and order that the applicant pay the respondent’s costs, which I assess in the sum of $500.00.

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

Date:  18 July 2012