SZMPZ v Minister for Immigration & Anor [2009] FMCA 56 (2 February 2009)

Last Updated: 24 June 2009

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZMPZ v MINISTER FOR IMMIGRATION & ANOR

[2009] FMCA 56

MIGRATION – Application for review of decision of Tribunal – where applicant failed to appear.

Federal Magistrates Court Rules 2001

Applicant:

SZMPZ

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 2075 of 2008

Judgment of:

Raphael FM

Hearing date:

2 February 2009

Date of Last Submission:

2 February 2009

Delivered at:

Sydney

Delivered on:

2 February 2009

REPRESENTATION

For the Applicant:

No appearance

Counsel for the First Respondent:

Mr T Reilly

Solicitors for the First Respondent:

DLA Phillips Fox

ORDERS

(1) Application dismissed pursuant to 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 $4,000.00.

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG 2075 of 2008

SZMPZ

Applicant

And

MINISTER FOR IMMIGRATON & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant filed an application for review of a decision of the Refugee Review Tribunal made on 16 June 2008 on 11 August 2008. On 4 September 2008 the applicant, together with a Mandarin interpreter, attended a directions hearing when this matter was set down for hearing in this Court today. The applicant had given two addresses: one for receiving mail in Thomas Street, Haymarket; and another where he lived in Rawson Street, Auburn.
2. On 7 January 2009 the respondent served on the applicant copies of their counsel’s submissions by sending them to both addresses. The submissions indicated that the matter would be heard in this court today (affidavit Allison Lena Faron, 29 January 2008). The applicant did not appear when the matter was due for hearing at 2.15 pm. She had still not appeared at 2.30 pm when her name was called outside the court and is not in court at 2.35 pm when I make orders.
3. I order that the application be dismissed pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. The applicant is to pay the first respondent’s costs assessed in the sum of $4,000.00.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate:

Date: 3 February 2009