NARW v Minister for Immigration
[2004] FMCA 483
•23 July 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| NARW v MINISTER FOR IMMIGRATION | [2004] FMCA 483 |
| MIGRATION – Application for review of decision of Refugee Review Tribunal – no appearance by applicant – application dismissed. |
| Applicant: | NARW |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ2559 of 2003 |
| Delivered on: | 23 July 2004 |
| Delivered at: | Sydney |
| Hearing date: | 23 July 2004 |
| 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
That there being no appearance by the applicant the application is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.
That the respondent notify the applicant of the orders made today and of the effect of Rule 16.05 of the Federal Magistrates Court Rules by letter sent by prepaid post to the applicant's address for service within seven days from today's date.
That the applicant pay the respondent's costs fixed in the amount of $2,800.
| FEDERAL MAGISTRATES SYDNEY |
SZ2559 of 2004
| NARW |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application for review of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 21 May 2003 affirming a decision of a delegate of the Tribunal not to grant the applicant a protection visa. The applicant sought review in the Federal Court on 16 June 2003. A directions hearing was held on 6 August 2003 which the applicant attended with the assistance of an interpreter. Orders were made in connection with the transfer of the matter to this court from the Federal Court, including listing the matter for hearing today albeit at 10.15am.
The court wrote to the applicant on 25 November 2003 confirming that the matter had been set down for final hearing at 10:15am on 23 July 2004.
On 14 July 2004 this court wrote to the applicant at the only address provided to the court for service advising that the hearing time would be 2:15pm rather than 10:15am on 23 July 2004. On 21 July 2004 the respondent's solicitors wrote to the applicant enclosing written submissions and confirming the correct hearing date and time. These were sent by courier to the applicant's address for service.
The applicant was ordered to file written submissions but has not done so. The applicant was not present when the matter was first called nor when the matter was stood down and called again after a delay. In those circumstances the respondent seeks that the matter be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.
I am satisfied that the applicant has been given the opportunity to appear today. She has not done so. It is appropriate in all the circumstances of this case that the matter be dismissed.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 12 August 2004.
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