SZOYN v Minister for Immigration & Anor [2011] FMCA 339 (4 May 2011)

Last Updated: 16 May 2011

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZOYN v MINISTER FOR IMMIGRATION & ANOR

[2011] FMCA 339

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant:

SZOYN

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 106 of 2011

Judgment of:

Raphael FM

Hearing date:

4 May 2011

Date of Last Submission:

4 May 2011

Delivered at:

Sydney

Delivered on:

4 May 2011

REPRESENTATION

For the Applicant:

No appearance

Counsel for the Respondents:

Mr H Bevan

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 to pay the First Respondent’s costs assessed in the sum of $5,500.00.

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG 106 of 2011

SZOYN

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant has advised both the court and those appearing on behalf of the Respondent, that he does not intend to appear today in connection with his application for judicial review of a decision of the Refugee Review Tribunal made on 6 December 2010. In those circumstances I accede to an application by the Respondents that the matter be dismissed for non appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (the “Rules”) and order that the applicant pay the First Respondent’s costs which I assess in the sum of 5,500.00.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Raphael FM

Associate:

Date: 13 May 2011