BRGAB of 2009 v Refugee Review Tribunal
[2009] FMCA 620
•19 June 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| BRGAB OF 2009 v REFUGEE REVIEW TRIBUNAL & ANOR | [2009] FMCA 620 |
| MIGRATION – Summary dismissal in absence of appearance where applicant has departed Australia. |
| Federal Magistrates Court Rules 2001, r.13.03(2) |
| Applicant: | BRGAB OF 2009 |
| Respondents: | REFUGEE REVIEW TRIBUNAL & MINISTER FOR IMMIGRATION |
| File Number: | BRG 253 of 2009 |
| Judgment of: | Wilson FM |
| Hearing date: | 19 June 2009 |
| Date of Last Submission: | 19 June 2009 |
| Delivered at: | Brisbane |
| Delivered on: | 19 June 2009 |
REPRESENTATION
| Counsel for the Applicant: | No appearance by or on behalf of the Applicant |
| Solicitors for the Applicant: |
| Counsel for the Respondent: | No appearance for the First Respondent |
| Solicitors for the Respondent: | Ms Wheatley appears for the Second Respondent |
ORDERS
That the application for review be dismissed.
That the applicant pay the second respondent’s costs, fixed in the sum of $5,000.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRG 253 of 2009
| BRGAB OF 2009 |
Applicant
And
| REFUGEE REVIEW TRIBUNAL & MINISTER FOR IMMIGRATION |
Respondents
REASONS FOR JUDGMENT
An application to review a decision of the Refugee Review Tribunal dated 17 March 2009 was filed in this Court on 14 April 2009.
On 1 May 2009 I made orders listing the matter for hearing today and directed that the applicant file and serve a written outline of submissions on or before 10 days before the hearing date. I also directed that the first respondent file and serve the outline of submissions five working days prior to the hearing date. Those submissions have been filed on behalf of the second respondent. No submissions have been filed by or on behalf of the applicant.
The applicant has not appeared before the Court today. The reasons for that are set out in an affidavit filed by leave today of the second respondent's solicitor who has exhibited documents produced by the Department of Immigration and Citizenship which show that the applicant departed Australia on 22 May 2009. The applicant is the holder of a Bridging visa type A. As the holder of that visa he is not entitled to re-enter Australia on that visa alone.
The applicant not having complied with my orders of 1 May nor having appeared today, and having left the country, the second respondent applies to have the proceedings dismissed. That course is permitted by Federal Magistrates Court Rule 13.03(2) and there seems no reason why I should not make such an order. If the applicant somehow re-enters the country and wishes to reactivate these proceedings, this order having been made in his absence, there is provision in the Rules upon good reason being shown for that to occur.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Wilson FM
Deputy Associate: J. K. Gasteen
Date: 29 June 2009
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