NAUO v Minister for Immigration

[2004] FMCA 703

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NAUO v MINISTER FOR IMMIGRATION & ANOR [2004] FMCA 703

MIGRATION – Migration Act – refugee – failure to appear – application for review of a decision of RRT – application dismissed pursuant to rule 13.03A for non-appearance of applicant.

Federal Magistrates Court Rules, Parts 13.03A(c), 16.05(2)(a)

Applicant: NAUO

Respondents: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and KAREN SYNON

File No: SYG1805 of 2003

Delivered on: 30 September 2004

Delivered at: Sydney

Hearing date: 30 September 2004

Judgment of: Nicholls FM

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Counsel for the Respondent: Mr D Jordan

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. There being no appearance by the applicant the matter is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.

2. The respondent send a letter, by prepaid post, to the applicant at the applicant's last known postal address namely, 6 Darwinia Court, Ardeer, Victoria 3022 advising of this order and the provisions of Rule 16.05(2)(a) of the Federal Magistrates Court Rules within seven days. A copy of this letter to be sent to the last address for service and a further copy to be sent to Mr Harold Jones, the applicant's migration agent at Post Office Box 182 South Yarra, Victoria 3141, also within seven days of today's date.

3. The applicant pay the respondent's costs fixed in the amount of $4250.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1805 of 2003

NAUO

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and KAREN SYNON

Respondents

REASONS FOR JUDGMENT

(Revised from Transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal handed down on 11 July 2003 affirming a decision of a delegate of the respondent Minister not to grant the applicant a protection visa.  The applicant sought review by application filed in the Federal Court on 6 August 2003.  The matter was transferred to this court by order of Whitlam J on 22 August 2003.  The court wrote to the applicant on 4 September 2003 at the address for service provided to the court, being the address for the agent acting for the applicant's solicitor, stating that the matter had been set down for final hearing at 10.15 am on Thursday 30 September 2004.

2. On 23 September 2004 a notice of ceasing to act as a solicitor was filed in this court by the applicant's solicitor.  This was supported by an affidavit sworn by a solicitor employed by the solicitor on the record in this matter.  The affidavit sets out the steps taken by the applicant’s solicitor to contact their client between 3 August 2004 and

   
   

   23 September 2004.  Paragraph 13 of the affidavit states that there has not been any response from the applicant.  I should add, that by orders made on 22 August 2003 the court ordered the applicant to file and serve an outline of submissions no later than five clear working days before the hearing date.  He has not done so.

3. The applicant was not present when the matter was called today. The matter was called again outside the court. There was no appearance by the applicant. In these 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. He has not done so. It is appropriate in all the circumstances of the case that the matter be dismissed and the respondent notify the applicant of these orders.

I certify that the preceding three paragraphs (3) paragraphs are a true copy of the reasons for judgment of Nicholls FM

Associate: Wagma Aziza

Date: 12 October 2004