SZSTM v Minster for Immigration

[2013] FCCA 1244

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSTM v MINSTER FOR IMMIGRATION & ANOR [2013] FCCA 1244

Catchwords:
MIGRATION – No appearance.

Legislation:  
Federal Circuit Court Rules 2001, Part 13 Rule 13.03C(1)(c)

Applicant: SZSTM

First Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 784 of 2013

Judgment of: Judge Raphael

Hearing date: 22 August 2013

Date of Last Submission: 22 August 2013

Delivered at: Sydney

Delivered on: 22 August 2013

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: DLA Piper Australia

ORDERS

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

2. Applicant to pay the First Respondent’s costs assessed in the sum of 2,800.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 784 of 2013

SZSTM

Applicant

And

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the first return date was originally 1 August and on that date the applicant did not appear.  The matter was stood over until today, 22 August, to give him an opportunity to attend.  He was not in attendance at 9.30a.m. and he is still not in attendance when his name was called outside the court at 10.15a.m. 

2. In those circumstances noting that a telephone call was made to him to find out whether he was coming I propose to dismiss the matter pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

Date:  29 August 2013