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 - Application to review decision of Refugee Review Tribunal - no appearance by applicant.

SZAXW v Minister for Immigration [2004] FMCA 834 (18 October 2004)

SZAXW v Minister for Immigration [2004] FMCA 834 (18 October 2004)
Last Updated: 19 November 2004

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAXW v MINISTER FOR IMMIGRATION
[2004] FMCA 834




MIGRATION - Application to review decision of Refugee Review Tribunal - no appearance by applicant.




Applicant:
SZAXW




Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




File No:


SYG1315 of 2003




Delivered on:


18 October 2004




Delivered at:


Sydney




Hearing date:


18 October 2004




Judgment of:


Barnes FM




REPRESENTATION

Counsel for the Applicant:


Nil




Solicitors for the Applicant:


Nil




Counsel for the Respondent:


Mr D Jordan




Solicitors for the Respondent:


Australian Government Solicitor




ORDERS

(1) That the application is dismissed.

(2) That the solicitors for the respondent to notify the applicant of the orders made today and of the effect of Rule 16.05 of the Federal Magistrates Court Rules by letter sent by pre-paid post to the last notified address for the applicant within seven days of today's date.

(3) That the Applicant pay the Respondent's costs set in the amount of $4,250.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY



SYG1315 of 2003

SZAXW



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 2 July 2003 affirming a decision of the delegate of the respondent not to grant the applicant a protection visa. The applicant sought review of that decision by application filed in this court on 11 July 2003. He appeared in person at the directions hearing on 4 September 2003. At that time the matter was set down for hearing today at 2:15pm.

2. The applicant was ordered to file and serve written submissions five working days prior to the hearing. No written submissions have been received. Written submissions have been filed by the respondent. When the matter was called on today, the applicant was not present.

I stood the matter down for 15 minutes. My associate endeavoured to contact the applicant and spoke to a gentleman on the telephone who identified himself as the applicant and said that he would be at the court in 25 minutes. It is now some 40 to 45 minutes after that conversation and the applicant is not here.

3. In these circumstances, I consider that it is appropriate to make the order sought by the respondent dismissing the application in the absence of the applicant pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules. If there is some legitimate reason for the applicant's non-appearance today, no doubt that will be raised at some future time. I will ask the solicitors for the respondent to notify the applicant of the orders made today and also of the effect of Rule 16.05 of the Federal Magistrates Court Rules.

4. In dismissing the application I have had regard to the applicant's absence as well as to all the other material before me.


RECORDED : NOT TRANSCRIBED

5. The respondent seeks that the applicant pay the costs of today. As the applicant has been unsuccessful it is appropriate that he do so. The amount of $4,250 which is sought, is appropriate in the circumstances of this case.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM

Associate:

Date: 3 November 2004
Australia Immigration Consultants and Online Australia Visa Assessments for immigration to Australia