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MIGRATION - Review of decision of Refugee Review Tribunal - where the applicant failed to appear at the Tribunal hearing and at the hearing for review.

SZACJ v Minister for Immigration [2003] FMCA 154 (17 April 2003)

SZACJ v Minister for Immigration [2003] FMCA 154 (17 April 2003)
Last Updated: 2 May 2003

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZACJ v MINISTER FOR IMMIGRATION
[2003] FMCA 154



MIGRATION - Review of decision of Refugee Review Tribunal - where the applicant failed to appear at the Tribunal hearing and at the hearing for review.



Migration Act 1958 (Cth), s.426A

Federal Court Rules, O.32 r 2

Applicant:
SZACJ



Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS



File No:


SZ 1304 of 2002



Delivered on:


17 April 2003



Delivered at:


Sydney



Hearing date:


17 April 2003



Judgment of:


Raphael FM



REPRESENTATION

For the Applicant:


No appearance



Counsel for the Respondent:


Mr R Beech-Jones



Solicitors for the Respondent:


Australian Government Solicitor



ORDERS

(1) Application dismissed pursuant to Order 32 Rule 2 of the Federal Court Rules.

(2) Applicant to pay the respondent's costs assessed in the sum of $4,000.00 pursuant to Part 21 Rule 21.02(a)(ii) of the Federal Court Rules.

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

SYDNEY


SZ 1304 of 2002

SZACJ


Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




Respondent


REASONS FOR JUDGMENT

1. In this matter I note that the applicant did not appear before the Refugee Review Tribunal. It decided on his application in his absence pursuant to s.426A of the Migration Act 1958 (Cth). He has not appeared in Court today and his name has been called.

2. In the circumstances I dismiss the application pursuant to Order 32, Rule 2 of the Federal Court Rules and order that the applicant pay the respondent's costs assessed in the sum of $4,000 pursuant to Part 21, Rule 21.02(a)(ii) of the Federal Court Rules.


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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