MZTAI v Minister for Immigration
[2004] FMCA 480
•4 August 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MZTAI v MINISTER FOR IMMIGRATION | [2004] FMCA 480 |
| MIGRATION – PRACTICE AND PROCEDURE – Application for judicial review of decision of Refugee Review Tribunal - application dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 where applicant did not appear. |
Federal Magistrates Court Rules 2001
| Applicant: | MZTAI |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | MZ 1028 of 2003 |
| Delivered on: | 4 August 2004 |
| Delivered at: | Melbourne |
| Hearing Date: | 4 August 2004 |
| Judgment of: | Lloyd‑Jones FM |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| Counsel for the Respondent: | Dr S. Donaghue |
| Solicitors for the Respondent: | Blake Dawson Waldron |
ORDER
Pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 the application be dismissed.
The applicant pay the costs of the respondent fixed in the sum of $4,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MZ 1028 of 2003
| MZTAI |
Applicant
and
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
The applicant is a male citizen of Tonga. He arrived in Australia on 19 April 1997. He lodged an application for the Protection (Class XA) visa on 12 September 2001. This application was found to be invalid because the applicant failed to provide his address as required. The applicant lodged a second valid application for a Protection (Class XA) visa on 19 November 2001. The applicant claimed he feared persecution by the authorities in Tonga after he had formed a group to combat violence towards women and fight for women's rights. He claims he commenced these activities after his sister and other women were raped in 1996. He claims that the authorities had mistreated him and feared that he would be pursued and persecuted if he were to return to Tonga.
On 14 March 2002 the delegate of the Department of Immigration and Multicultural and Indigenous Affairs refused to grant a protection visa. The applicant applied for review of the decision of the Refugee Review Tribunal on 21 March 2002. In a decision made by the tribunal on 1 August 2003 the tribunal affirmed a decision of the delegate of the DIMIA not to grant the protection visa. The tribunal found that the applicant was not a person to whom Australia had protected obligations under the refugee convention and as amended by the refugee protocol. Consequently the applicant did not satisfy the criteria for a grant of the protection visa.
This matter was listed on 22 December 2003 for hearing on 4 August 2004. The matter was called at 2:20pm and there is no response from the applicant. The matter was again called at 2:35pm. The applicant was called three times outside the court and did not attend. There is still no appearance. I note that there has been no message received from the court to indicate the applicant has telephoned or any other person has apparently telephoned on his behalf advising his delay. There is no reason therefore why I should adjourn the matter.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Lloyd-Jones FM
Associate: Sophie Killen
Date: 4 August 2004
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