VWYB v Minister for Immigration
[2005] FMCA 1299
•16 August 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| VWYB v MINISTER FOR IMMIGRATION | [2005] FMCA 1299 |
| MIGRATION – Review of Refugee Review Tribunal decision – non-appearance – summary dismissal. |
| Migration Act 1958 (Cth) |
| Applicant: | VWYB |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | MLG 631 of 2005 |
| Judgment of: | Riethmuller FM |
| Hearing date: | 16 August 2005 |
| Date of Last Submission: | 16 August 2005 |
| Delivered at: | Melbourne |
| Delivered on: | 16 August 2005 |
REPRESENTATION
| Counsel for the Applicant: | No Appearance |
| Counsel for the Respondent: | Mr Mosby |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
The applicant’s application be dismissed pursuant to Rules 13.03A(c) and 13.10 of the Federal Magistrates Court Rules 2001.
The applicant pay the respondent's costs fixed in the sum of $2,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 631 of 2005
| VWYB |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from Transcript)
In this matter the application was lodged in the Federal Court of Australia and remitted to this court for hearing. At the time that the matter was transferred to this court Heerey J made a number of orders providing directions for the orderly conduct and preparation of the matter so that it was available to be listed for hearing at a reasonable date. Those orders were made on 5 April 2005. The applicant failed to comply with those orders and the matter was adjourned to the non-compliance list before me on today's date.
The respondent has filed a notice of motion seeking that the matter be dismissed as a result of the failure of the applicant to comply with orders 1 and 3 of his Honour Heerey J which I presume was intended to mean orders 3 and 5.
In any event, the notice of motion and supporting affidavit were served by post upon the applicant at the address provided for in the application.
The applicant has failed to appear today. I therefore dismiss the application pursuant to Rules 13.10 and 13.03A(c).
In this matter the applicant ought pay the respondent's costs. The matter has been to court on three occasions, court books have been prepared, an affidavit has been provided and there was an appearance today and the matter was adjourned from the last occasion with costs reserved.
In the circumstances I order the applicant pay the respondent's costs fixed at $2,000.00.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Riethmuller FM
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