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 - Leave to withdraw - non-appearance.

SZCEQ v Minister for Immigration [2004] FMCA 665 (21 September 2004)

SZCEQ v Minister for Immigration [2004] FMCA 665 (21 September 2004)
Last Updated: 6 December 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCEQ v MINISTER FOR IMMIGRATION
[2004] FMCA 665




MIGRATION - Leave to withdraw - non-appearance.




Applicant:
SZCEQ




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SZ2761 of 2003




Delivered on:


21 September 2004




Delivered at:


Sydney




Hearing date:


21 September 2004




Judgment of:


Nicholls FM




REPRESENTATION

Counsel for the Applicant:


Nil




Solicitors for the Applicant:


Ward Maxwell & Co.




Counsel for the Respondent:


Justin Smith




Solicitors for the Respondent:


Clayton Utz




ORDERS

(1) The application is dismissed pursuant to Rule 13.03A (c) of the Federal Magistrates Rules, on the basis of non-appearance.

(2) The respondent notify the applicant in writing of the orders made today and of the effect of Rule 16.05 of the Magistrate Court Rules by letter sent to the applicant's last known address within seven days from today's date.

(3) The applicant pay the respondent's costs set in the amount of $3500.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SZ2761 of 2003

SZCEQ



Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS





Respondent


REASONS FOR JUDGMENT
(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal handed down on 14 November 2003 affirming a decision of a delegate of the respondent Minister to refuse to grant the applicant a protection visa.

2. The matter was set down for hearing today 21 September 2004 at 10.15 a.m. Solicitors for both parties were notified [of the hearing date] by letter from the Federal Magistrates Court dated 31 August 2004.

3. The solicitor for the applicant sought leave to withdraw and filed an affidavit in Court today in support. The affidavit sets out the steps that the applicant's solicitor has taken to contact the applicant. During (a short adjournment) in the hearing today the applicant's solicitor sought additionally to contact the applicant by way of the mobile phone number [last known to him as the applicant's number] that was [recorded] at page 63 of the Court book. All attempts to contact the applicant were unsuccessful whose whereabouts are unknown to his solicitor. I am satisfied that all reasonable steps were taken by the applicant's solicitor to contact the applicant. There was no appearance by the applicant and I granted leave to the solicitor for the applicant to withdraw from this matter. I make orders as at the commencement of these Reasons.

ORDERS DELIVERED

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Nicholls FM

Associate: Wagma Aziza

Date: 30 September 2004
Australia Immigration Consultants and Online Australia Visa Assessments for immigration to Australia