SZNEL v Minister for Immigration & Anor [2009] FMCA 669 (9 July 2009)

Last Updated: 23 July 2009

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNEL v MINISTER FOR IMMIGRATION & ANOR

[2009] FMCA 669

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant:

SZNEL

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 166 of 2009

Judgment of:

Raphael FM

Hearing date:

9 July 2009

Date of Last Submission:

9 July 2009

Delivered at:

Sydney

Delivered on:

9 July 2009

REPRESENTATION

For the Applicant:

No appearance

Solicitors for the Respondents:

DLA Phillips Fox

ORDERS

(1) Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
(2) Applicant pay the First Respondent’s costs assessed in the sum of $2,700.00.

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG 166 of 2009

SZNEL

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was filed with the court on 22 January 2009. On 5 February 2009 the applicant, who claims to be a Korean national, appeared at a directions hearing with a Korean interpreter, when the matter was set down for hearing on 9 July 2009 at 2.15pm. The applicant was not in attendance at the court at 2.15 pm, nor was he in attendance when his name was called outside the court at 2.35pm.
2. The respondent has filed an affidavit of Pua Soliola. She indicates that on 2 July she sent to the applicant, at the address for receiving mail given in the application and his home address, copies of the respondent’s submissions together with a letter which indicated that the hearing was to take place today. I am not surprised that the applicant has not attended today; he did not attend an interview before the delegate; he did not attend the interview before the Tribunal.
3. I dismiss the application pursuant to Rule 13 Part 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. I order that the Applicant pay the First Respondent’s costs assessed in the sum of $2,700.00.

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

Associate:

Date: 22 July 2009