SZSDA v MINISTER FOR IMMIGRATION (No.2)
[2012] FMCA 1174
•5 December 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZSDA v MINISTER FOR IMMIGRATION (No.2) | [2012] FMCA 1174 |
| MIGRATION – Failure to appear at scheduled hearing – matter dismissed pursuant to rule 13.03C(1) of the Federal Magistrates Court Rules 2001 (Cth). |
| Federal Magistrates Courts Rules 2001 (Cth), r.13.03C |
| Applicant: | SZSDA |
| Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| File Number: | SYG 2509 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 5 December 2012 |
| Date of Last Submission: | 5 December 2012 |
| Delivered at: | Sydney |
| Delivered on: | 5 December 2012 |
REPRESENTATION
| No Appearance by or on behalf of the Applicant. |
| Solicitors for the Respondent: | Nathan Buck (Minter Ellison) |
ORDERS
The applicant’s application that time be extended to seek judicial review of a decision of the Refugee Review Tribunal, dated 3 February 2012, is dismissed.
The applicant pay the costs of the first respondent fixed in the amount of $1,296.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2509 of 2012
| SZSDA |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
Respondent
REASONS FOR JUDGMENT
The proceeding before this court commenced by way of application filed on 2 November 2012, is dismissed pursuant to rule 13.03C(1)(c), by reason of the failure of the applicant to appear at today’s scheduled hearing.
I note that the first respondent read the affidavit of Nathan Albert Buck, affirmed 4 December 2012, annexing a copy of the Movement Records of the Department for Immigration and Citizenship, which disclosed that the applicant was removed from Australia, on 23 November 2012.
I further note that an oral application was made by the applicant before me on 21 November 2012, to prevent his removal from Australia on 23 November 2012. That application was unsuccessful. I further note that an appeal from the Court orders made on 21 November 2012was made to the Federal Court of Australia on 22 November 2012. The appeal was dismissed by Foster J.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 7 December 2012
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