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MIGRATION - Summary dismissal where applicant did not comply with Registrar's orders and did not appear before Tribunal.

SZCET v Minister for Immigration [2004] FMCA 710 (23 August 2004)

SZCET v Minister for Immigration [2004] FMCA 710 (23 August 2004)
Last Updated: 30 November 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCET v MINISTER FOR IMMIGRATION
[2004] FMCA 710




MIGRATION - Summary dismissal where applicant did not comply with Registrar's orders and did not appear before Tribunal.




Migration Act 1958 (Cth), s.48B

Applicant:
SZCET




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SZ 2767 of 2003




Delivered on:


23 August 2004




Delivered at:


Sydney




Hearing date:


23 August 2004




Judgment of:


Raphael FM




REPRESENTATION

For the Applicant:


Mr Prince




Counsel for the Respondent:


Mr McCrudden




Solicitors for the Respondent:


Sparke Helmore




ORDERS

(1) Application dismissed.

(2) Applicant to pay the respondent's costs in the sum of $1,200.00.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SZ 2767 of 2003

SZCET



Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS





Respondent


REASONS FOR JUDGMENT

1. In this matter I note that the applicant did not attend the hearing before the Tribunal and that the Tribunal had remarked that his application bore a significant resemblance to another application filed by an entirely independent applicant who had been advised by the same migration agent.

2. Mr Prince, who appears on behalf of the applicant, informs me that his instructions are that the migration agent involved had been struck off very shortly before the hearing and that was why the applicant did not appear. The fact is that the applicant did not appear and I can only deal with the decision of the Tribunal that has been handed down. It may well be that the applicant could be advised to make an application to the Minister under s.48B to renew, or make again his application for a protection visa but in the light of all these matters and in the light of the applicant's failure to comply with the orders of the Registrar, I make an order dismissing the proceedings pursuant to Order 13 Rule 13.03(2)(d) of the Federal Magistrates Court Rules and I order that the applicant pay the respondent's costs fixed in the sum of $1,200.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM


Associate:

Date:
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