NAYC v Minister for Immigration

[2004] FMCA 828

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NAYC v MINISTER FOR IMMIGRATION [2004] FMCA 828

MIGRATION – Application to review decision of Refugee Review Tribunal – non-appearance by Applicant. 

Applicant: NAYC

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG361 of 2004

Delivered on: 3 November 2004

Delivered at: Sydney

Hearing date: 3 November 2004

Judgment of: Barnes FM

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Counsel for the Respondent: Mr T Reilly

Solicitors for the Respondent: Australian Government Solicitors

ORDERS

1. That the application is dismissed.

2. That the Applicant pay the Respondent’s costs set in the amount of $4,000. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG361 of 2004

NAYC

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal handed down on 5 November 2003, affirming a decision of a delegate of the respondent not to grant the applicant a protection visa.  The applicant commenced proceedings by application filed on

   
   

   2 December 2003.  The application does not identify any jurisdictional error, other than to state generally that the Tribunal ‘made an error in law having misinterpreted definition of well-founded fear’. 

2. When the matter was called today the applicant was not present, despite having attended the directions hearing in which he participated with the assistance of a Russian interpreter.  The applicant has not filed written submissions or had any other contact with the court. 

3. An attempt was made to contact the applicant by telephone in court.  There was no response to that telephone call. 

4. In these circumstances I consider it appropriate that the application be dismissed in the absence of the applicant pursuant to Rule 13.03A(c).

RECORDED   :   NOT TRANSCRIBED

1. The respondent seeks an order that the applicant pay costs in the amount of $4,000.  Bearing in mind the nature of this and other similar matters, I consider that the amount sought is appropriate.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM

Associate: 

Date:  23 November 2004