NAJN v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NAJN v MINISTER FOR IMMIGRATION [2003] FMCA 414

MIGRATION – Application to set aside orders made in absence of party – application dismissed.

Australian Fisheries Management Authority v P.W. Adams Pty Limited No.2 (1996) 66 FCR 349
KM & A Chadwick Pty Ltd v Yeung (unreported) 02/06/1995 FedCt (NSW) NG3187/94
Byron v Southern Star Group Pty Ltd (1995) 13 ACLC 301

Applicant: NAJN

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ441 of 2003

Delivered on: 3 September 2003

Delivered at: Sydney

Hearing Date: 3 September 2003

Judgment of: Barnes FM

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Counsel for the Respondent: Nil

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the application is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ441 of 2003

NAJN

Applicant

And

THE MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an application filed by the applicant on 22 August 2003.  In effect he seeks an order that the court set aside the orders that it made on 6 August 2003 dismissing his application for review of a decision of the Refugee Review Tribunal (the Tribunal) which affirmed a decision of a delegate of the respondent to refuse to grant him a protection visa. 

2. The applicant had applied to the Federal Court on 18 February

   
   

   2003, seeking orders that the decision handed down by the Tribunal on

   
   

   28 January 2003 be set aside.  Neither the application nor the accompanying affidavit filed on 18 February 2003 identified any grounds for that application. 

3. The matter was transferred to this court and at a directions hearing on 13 March 2003 orders were made listing the matter for hearing at 10:15am on 6 August 2003 and for the filing of documents.  The file records indicate that the applicant was present at the directions hearing and that he had the assistance of a Tamil interpreter.  The applicant was also ordered to file and serve any amended application and any affidavit material on which he would rely by 10 May 2003.  No such amended application was filed nor did the applicant file and serve written submissions five working days prior to the hearing date as ordered. 

4. On 26 March 2003 by letter sent to the address that he had provided the Court confirmed that the hearing was to be at 10:15am on Wednesday 6 August 2003.  The address to which the letter was sent is the same address as that used by the applicant in this application.  The applicant did not attend the hearing on 6 August 2003.  When contacted by telephone after the time for the start of the hearing he indicated that he believed that the hearing was on 26 August 2003 and could not attend on 6 August 2003. 

5. On 6 August 2003 I dismissed the application pursuant to Order 32 Rule 1(c) of the Federal Court Rules. As required the solicitor for the respondent notified the applicant…