S1436 of 2003 v Minister for Immigration
[2005] FMCA 665
•2 February 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| S1436 of 2003 v MINISTER FOR IMMIGRATION | [2005] FMCA 665 |
| MIGRATION – Review of decision of Refugee Review Tribunal – failure to comply with court orders – no sufficient amended application – application summarily dismissed. |
| Federal Magistrates Court Rules 2001, rule 13.03(2)(b) |
| Applicant: | APPLICANT S1436 OF 2003 |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG1968 of 2004 |
| Judgment of: | Mowbray FM |
| Hearing date: | Orders made in chambers |
| Delivered at: | Sydney |
| Delivered on: | 2 February 2005 |
REPRESENTATION
| Advocate for the Applicant: | Self-represented |
| Counsel for the Respondent: | Mr D Metz |
| Solicitors for the Respondent: | Clayton Utz Lawyers |
ORDERS
The application be dismissed pursuant to rule 13.03(2)(b) of the Federal Magistrates Court Rules 2001.
A costs hearing by telephone be held on 24 February 2005 at 11.00 am.
The hearing listed for 10.15 am on 7 February 2005 be vacated.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG1968 of 2004
| APPLICANT S1436 OF 2003 |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
This matter came before me as an application by the respondent to have the matter dismissed for failure of the applicant to comply with orders of the Court made on 6 December 2004. I acceded to this request on 2 February 2005. My reasons are now requested as the applicant has sought leave to appeal. They are as follows.
The applicant is a citizen of Pakistan who arrived in Australia on
6 September 1985. On 3 April 1990 he made an application for an entry permit which was refused on 31 July 1990. On 15 August 1991 he applied for refugee status but apparently no action was taken because he appeared to have filled out the form incorrectly. He lodged an application for a Special (Permanent) Class 816 Entry Permit on
23 May 1994. The application was refused by a delegate of the Minister on 25 November 1994.
An interview and some correspondence followed between the applicant and the Department of Immigration and Ethnic Affairs, and on
23 March 1998 a delegate of the Minister refused to grant a protection visa. On 15 April 1998 the applicant sought review before the Tribunal. The Tribunal affirmed the decision of the delegate on
19 January 2000. On 25 June 2004 the applicant sought judicial review in this Court.
The matter came before Registrar McIllhatton for directions on
30 September 2004. At those directions the applicant consented to orders which required him to file and serve an amended application with full particulars by 18 November 2004. He did not do so.
The matter was set down for hearing on 6 December 2004 at which stage the applicant asked for more time as he was seeking to instruct a barrister. Orders were made requiring the applicant to provide an amended application setting out grounds of review and complete particulars no later than 14 January 2005.Notice was given in those orders that if the applicant failed to comply with this requirement, the respondent Minister could seek to have the matter dismissed in chambers without it going to a further hearing.
On 11 January 2005 the applicant filed a document entitled “Application giving particulars of grounds to be considered”, which disclosed no legal grounds for review.
On 17 January 2005 the respondent applied to have the matter dismissed in chambers with costs.
It is clear that the applicant failed to comply with an order of the Court within the terms of rule 13.03(1) of the Federal Magistrates Court Rules 2001 (the Rules).
I considered whether there were any discretionary grounds not to dismiss the application of 25 June 2004. I was aware of none.
The application of 25 June 2004 was therefore dismissed pursuant to rule 13.03(2)(b) of the Rules.
I certify that the preceding ten (10) paragraphs are a true copy of the reasons for judgment of Mowbray FM
Associate: Z Chiam
Date: 11 August 2004
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