De Vera, Vincente Cesar v Minister for Immigration and Multicultural Affairs

[1998] FCA 1697

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 905 of 1998

BETWEEN:	VINCENTE CESAR DE VERA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	SACKVILLE J
DATE:	16 DECEMBER 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

In this matter the applicant has not appeared.  Mr Johnson, who appears on behalf of the Minister, accordingly applies under Federal Court Rules Order 32, r 2(1)(c) for an order that the application be dismissed by reason of the absence of the applicant.

The proceedings were commenced by an application filed on 1 September 1998.  The application was filed by the applicant personally, that is without a solicitor appearing on the record.  I note that the fees for the filing for the application were waived. 

A directions hearing took place on 1 October 1998.  The Court file indicates that the applicant was present on that occasion, together with an interpreter.  Orders were made by consent for the filing of affidavits and written submissions.  The matter was set down for hearing today, 16 December 1998.  The applicant has not complied with the direction that he file a written outline of submissions on or before 7 December 1998.  The Minister has, however, prepared the customary bundle of relevant documents.

Mr Johnson, very properly, at the outset of today's hearing, informed me that certain communications had taken place between the applicant and the solicitor acting on behalf of the respondent.  It is not necessary to detail the substance of those communications except to say that the applicant indicated to Mr Johnson’s instructing solicitor that he wished to withdraw or terminate his application.  Mr Johnson has indicated to me, on instructions, that nothing was said to the applicant that could have lead him to believe that the matter would not proceed today, or that it would be dealt with by the filing of documentation at some later date.

In these circumstances, it seems to me appropriate to make the order that is sought by the Minister.  It is clear that the applicant has been aware that the hearing is scheduled for today and that he has chosen not to appear.  I should add that the application for review filed on 1 September 1998 does not identify, except in the most general terms, any ground for review that might be raised in relation to the decision of the Refugee Review Tribunal made on 3 August 1998.

Accordingly I make the following orders:

1. The application be dismissed.

2. The decision of the Refugee Review Tribunal make on 3 August 1998 be affirmed.

3. The applicant pay the Minister's costs.

I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville

Associate:

Dated:             16 December 1998

Counsel for the Applicant:	No appearance
Solicitor for the Applicant:	No appearance
Counsel for the Respondent:	Mr G T Johnson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	16 December 1998
Date of Judgment:	16 December 1998