S1574of 2003 v Minister for Immigration
[2005] FMCA 779
•9 June 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| S1574of 2003 v MINISTER FOR IMMIGRATION | [2005] FMCA 779 |
| MIGRATION – Review of decision of the Refugee Review Tribunal – dismissed pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001. |
| Judiciary Act 1903 (Cth), s.39B Migration Act 1958 (Cth), s.475A Federal Magistrates Court Rules 2001, Rule 13.03A, 16.05 |
| Applicant: | APPLICANT S1574 OF 2003 |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG 40 of 2005 |
| Judgment of: | Pascoe CFM |
| Hearing date: | 9 June 2005 |
| Delivered at: | Sydney |
| Delivered on: | 9 June 2005 |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Nil |
| Solicitors for the Respondent: | Nil |
ORDERS
THAT the application be dismissed pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001.
THAT the applicant pay the respondent’s costs fixed in the sum of $2250.
I direct the respondent to enter the orders and to serve a sealed copy of the orders upon the applicant at the address for service by ordinary prepaid post together with a copy of Rule 16.05 of the Federal Magistrates Court Rules 2001.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 40 of 2005
| APPLICANT S1574 of 2003 |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
These proceedings come before the Court pursuant to s.39B of the Judiciary Act 1903 (Cth) and s.475A of the Migration Act 1958 (Cth). The applicant, who is a citizen of Indonesia, seeks review of the decision of the Refugee Review Tribunal handed down on 3 April 1998 affirming the decision of the Minister's delegate not to grant a protection visa.
In Australia the applicant met and married his spouse; she is not an applicant to these proceedings. They have a daughter who was born in Australia on 26 October 1996.
On 22 April 1997 a delegate of the then Minister for Immigration and Multicultural Affairs refused to grant the applicant a protection visa and on 19 May 1997 the applicant sought a review of that decision.
On 2 February 2005 the applicant attended a directions hearing with the assistance of a solicitor and an interpreter, and signed consent minutes which became the orders of the Court. These orders required the applicant to file and serve an amended application giving complete particulars of each ground of review which he intended to rely upon at the hearing by no later than 31 March 2005. I note that no amended application complete with particulars was filed by the due date.
On 2 June 2005 solicitors for the respondent notified the Court and requested that the matter be listed in the non-compliant list, at which time they would seek to have the matter summarily dismissed. On the same day the respondent's solicitors wrote to the applicant at the address of service stated in the notice of ceasing to act. That letter notified the applicant of the date and time of today's proceedings and indicated that the respondent would be seeking that the application be summarily dismissed.
I am satisfied that the applicant was aware of these proceedings and did not avail himself of the opportunity to appear. Accordingly, I dismiss the application pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001 for failure to appear.
It is appropriate that costs follow the event and accordingly I order the applicant to pay the respondent's costs in the sum of $2250. I direct the respondent to enter the orders, to serve a sealed copy of the orders upon the applicant at the address for service by ordinary prepaid post together with a copy of Rule 16.05 of the Federal Magistrates Court Rules 2001.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Pascoe CFM
Associate: Peter Smith
Date: 9 June 2005
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