Lee v Minister for Immigration
[2008] FMCA 1411
•9 October 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LEE & ORS v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 1411 |
| MIGRATION – Migration Review Tribunal – practice and procedure – dismissal pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001 by reason of failure of the applicants to appear. |
| Federal Magistrates Court Rules 2001, r.13.03A(c) |
| First Applicant: | JAE HYUN LEE |
| Second Applicant: | EUN HYA LEE |
| Third Applicant: | YE LIM LEE |
| Fourth Applicant: | YEA SONG LEE |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 1744 of 2008 |
| Judgment of: | Emmett FM |
| Hearing date: | 9 October 2008 |
| Date of Last Submission: | 9 October 2008 |
| Delivered at: | Sydney |
| Delivered on: | 9 October 2008 |
REPRESENTATION
| There was no appearance by or on behalf of the Applicant |
| Solicitors for the Respondents: | Mr A. Markus, Australian Government Solicitor |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1744 of 2008
| JAE HYUN LEE |
First Applicant
| EUN HYA LEE |
Second Applicant
| YE LIM LEE |
Third Applicant
| YEA SONG LEE |
Fourth Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The first respondent seeks an order from the Court that the application filed on 8 July 2008 be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 by reason of the failure of the applicant to appear at today's hearing.
In support of the application the first respondent tendered a letter marked Exhibit 1R addressed to the first and second applicants, being the parents of the non-adult third and fourth applicants, enclosing a copy of the first respondent's written submissions and confirming that the matter is listed for hearing today at 10.15am before me in this courtroom at the address Level 5, John Maddison Tower, 88 Goulburn Street, Sydney.
I also note that Exhibit 1R informs the applicants that, if they fail to attend the hearing, orders may be sought that their application be dismissed with costs without further notice. It is now 10.40am. The applicants have been called on at least three occasions, the last occasion being at 10.30am. There has been no communication received either by the solicitors for the first respondent or the Court from or on behalf of any of the applicants in relation to today's hearing.
I note the first-named applicant appeared at a directions hearing before Federal Magistrate Scarlett on 21 July 2008 with the assistance of a Korean interpreter. On that occasion this matter was set down for hearing today at 10.15am before Federal Magistrate Scarlett. I also note that the information sheet deleted from the applicants’ contact details, the reference to the post office box referred to in the application, filed on 8 July 2008. This left the only address for communication with the applicants as their home address identified on the application filed on 8 July 2008.
On 15 September 2008, my chambers wrote to the first and second-named applicants at the address identified by them for communication informing them that the matter was relisted today for hearing before me. However I note that the date and time remained the same.
In the circumstances, I am satisfied that the applicants were aware of today's hearing and, for whatever reason, have chosen not to attend.
I also note that the grounds of the application make bare assertions and do not identify any error capable of review by this Court. No amended application was filed by or on behalf of the applicants, nor were any written submissions filed by or on behalf of the applicants, despite having been given leave to file an amended application and having been directed to file and serve legal submissions prior to today's hearing.
Accordingly, I am satisfied that the orders sought by the first respondent are appropriate.
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of EMMETT FM
Deputy Associate: E. Maconachie
Date: 21 October 2008
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