Mohammed v Minister for Immigration & Anor [2010] FMCA 659 (23 August 2010)

Last Updated: 2 September 2010

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MOHAMMED v MINISTER FOR IMMIGRATION & ANOR

[2010] FMCA 659

MIGRATION – Application to review decision of Migration Review Tribunal – no appearance by applicant.

Federal Magistrates Court Rules, rr.13.03C, 16.05

Applicant:

SOHEL AHMED MOHAMMED

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

MIGRATION REVIEW TRIBUNAL

File Number:

SYG422 of 2010

Judgment of:

Barnes FM

Hearing date:

23 August 2010

Delivered at:

Sydney

Delivered on:

23 August 2010

REPRESENTATION

Applicant:

No appearance

Solicitors for the Respondents:

Sparke Helmore

ORDERS

(1) There being no appearance by the applicant the application is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules.
(2) The applicant pay the costs of the first respondent fixed in the sum of $3,000.

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG422 of 2010

SOHEL AHMED MOHAMMED

Applicant

And

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application filed on 1 March 2010 by Mr Mohammed seeking review of a decision of the Migration Review Tribunal. The matter was listed for directions on 18 March 2010. On that day Mr Mohammed was represented by counsel on what I understand was a direct access basis. The matter was initially listed for hearing before me on 16 August 2010. However, it became necessary to change that hearing date. On 21 June 2010 the court wrote to Mr Mohammed at the address for service provided on the application advising him that the hearing date had been changed to 23 August 2010. There was no appearance by Mr Mohammed when the matter was called and there is still no appearance by him now, some minutes later.
2. The first respondent filed an affidavit sworn by Bernadette Rayment on 19 August 2010 to the effect that the Department of Immigration and Citizenship’s movement records record that Mr Mohammed departed Australia on 4 May 2010.
3. Also before the court is a copy of a letter sent by express post to Mr Mohammed on 16 August 2010 by the first respondent’s solicitors enclosing written submissions, reminding him of the hearing date, time and place and advising that if he did not appear the first respondent would seek orders from the court that the matter be dismissed with costs.
4. In these circumstances, as Mr Mohammed has not appeared today and in light of the evidence before the court, I consider it is appropriate that the order sought by the first respondent dismissing the application should be made under r.13.03C(1)(c) of the Federal Magistrates Court Rules and that the applicant should pay the costs of the first respondent.
5. If it emerges that there was some legitimate reason for Mr Mohammed’s failure to appear he may be able to avail himself of the provisions in r.16.05 of the Federal Magistrates Court Rules.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM

Associate:

Date: 30 August 2010