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MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of a delegate of the Minister to refuse a protection visa to the Applicant - Applicant a citizen of India - application dismissed pursuant to R 13.03A.

SZDMD v Minister for Immigration [2004] FMCA 927 (18 November 2004)


SZDMD v Minister for Immigration [2004] FMCA 927 (18 November 2004)
Last Updated: 6 December 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDMD v MINISTER FOR IMMIGRATION
[2004] FMCA 927




MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of a delegate of the Minister to refuse a protection visa to the Applicant - Applicant a citizen of India - application dismissed pursuant to R 13.03A.




Judiciary Act 1903 (Cth), s.39B

Federal Magistrates Court Rules R. 13.03A

Applicant:
SZDMD




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SYG 1316 of 2004




Delivered on:


18 November 2004




Delivered at:


Sydney South




Hearing date:


18 November 2004




Judgment of:


Scarlett FM




REPRESENTATION

Applicant:


No appearance




Counsel for the Respondent:


Mr Smith




Solicitors for the Respondent:


Sparke Helmore




ORDERS

(1) The application is dismissed.

(2) The Applicant is to pay the Respondent's costs in the sum of $4,000.00.

(3) Transcript of reasons for decision required.

(4) Application removed from the list of cases awaiting finalisation.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SYG 1316 of 2004

SZDMD



Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS





Respondent


REASONS FOR JUDGMENT

1. This is an application for review of a decision by the Refugee Review Tribunal handed down on 11 March 2003 affirming a decision of a delegate of the Minister not to grant the Applicant a protection visa. The application was listed for final hearing today and the Respondent has appeared through counsel and a solicitor. The Respondent has prepared for the hearing, a court book has been prepared and the Court has received in ample time an outline of submissions. Regrettably the Applicant has chosen not to attend and no reason has been given to the Court as to why he is not here today.

2. I stood the matter down for half an hour in case he was delayed by a late train or traffic problems and I caused inquiries to be made to see if there had been any telephone call or faxed medical certificate or any other indication that the Applicant had been legitimately delayed. There is no explanation for the Applicant's failure to attend.

3. It is regrettable that the Court arranged for the services of an interpreter and the interpreter's time has been taken up but unused. The interpreter I note arrived in plenty of time and would have been available.

4. According to Rule 13.03A it is appropriate to dismiss an application where an Applicant does not attend on a final hearing. The application is dismissed pursuant to Rule 13.03A of the Federal Magistrates Court Rules. The Applicant is to pay the Respondent's costs in the sum of $4000. I require a transcript of my reasons for this decision. The application is removed from the list of cases awaiting finalisation.

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

Associate: V Lee


Date: 1 December 2004
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