Specialist in Australian Immigration, Migration Consultant and Online Australian Visa Assessment Service.
Australian Immigration Specialists - Australian Immigration Consultants Online Australian Visa Assessments for immigration to Australia
  Research Home

Categories
Administrative Appeals Tribunal
Federal Court
Federal Magistrates Court
Full Federal Court
High Court
Migration Review Tribunal
Other Jurisdictions
Refugee Review Tribunal
Recently Added
Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

MIGRATION - Non-appearance.

SZDKY v Minister for Immigration [2004] FMCA 917 (25 October 2004)

SZDKY v Minister for Immigration [2004] FMCA 917 (25 October 2004)
Last Updated: 6 December 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDKY v MINISTER FOR IMMIGRATION
[2004] FMCA 917




MIGRATION - Non-appearance.




Applicant:
SZDKY




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SYG1257 of 2004




Delivered on:


25 October 2004




Delivered at:


Sydney




Hearing date:


25 October 2004




Judgment of:


Nicholls FM




REPRESENTATION

Counsel for the Applicant:


Nil




Solicitors for the Applicant:


Nil




Counsel for the Respondent:


Ms M. Allars




Solicitors for the Respondent:


Sparke Helmore




ORDERS

(1) The application is dismissed on the basis of no appearance by the applicant, pursuant to rule 13.03A (c) of the Federal Magistrates Court rules.

(2) The respondent notify the applicant in writing of the orders made today and of the effect of rule 16.05 of the Federal Magistrate Court Rules by letter sent by prepaid post to the applicant's address for service, being 9/10 Evans Avenue, Eastlakes New South Wales, 2018 within seven days of today's date.

(3) The applicant pay the respondent's costs set in the amount of $4000 pursuant to rule 21.02 (2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SYG1257 of 2004

SZDKY



Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS





Respondent


REASONS FOR JUDGMENT
(Revised from Transcript)

1. In the matter before me today, I note on the Court file that the applicant attended the first Court date on 10 August 2004 and signed short minutes of order that became orders of the Court and that the substantive application, notice of objection to competency be listed for directions at 10:15 a.m. on 25 October 2004 before me at John Maddison Tower.

2. The matter has been called outside this Court and the matter has also been called downstairs in the foyer of the John Maddison Tower Building and there was no appearance by the applicant.

3. I also note that it is now a little bit past 10:30 a.m.

4. I am satisfied that the applicant has been given an opportunity to appear today and he has not done so and it is therefore appropriate, in all these circumstances, that the matter be dismissed.

RECORDED : NOT TRANSCRIBED

ORDERS DELIVERED

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Nicholls FM

Associate: Wagma Aziza

Date: 01 November 2004
Australia Immigration Consultants and Online Australia Visa Assessments for immigration to Australia