Sochorova v Minister for Immigration and Citizenship

[2009] FCA 1168

FEDERAL COURT OF AUSTRALIA

Sochorova v Minister for Immigration and Citizenship [2009] FCA 1168

TEREZIE SOCHOROVA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

QUD 227 of 2009

LOGAN J
9 OCTOBER 2009
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 227 of 2009

BETWEEN:

TEREZIE SOCHOROVA
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	9 OCTOBER 2009
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The proceeding be remitted to the Federal Magistrates Court for hearing and determination at Cairns, or such other place as that court may appoint.

2.The application for summary judgment filed in this Court be returned at Cairns on a date to be fixed by the Federal Magistrates Court in the week commencing 26 October 2009.

3.The Respondent file in the Federal Magistrates Court and serve on the applicant its submissions in writing in respect of that summary judgment application on or before 16 October 2009.

4.The Respondent file and serve such affidavits, if any, upon which it proposes to rely in respect of that application on or before that date.

5.The Applicant file and serve her written submissions and such affidavits, if any, upon which she proposes to rely for the purposes of the summary judgment application on or before 23 October 2009.

6.Costs be reserved.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 227 of 2009

BETWEEN:

TEREZIE SOCHOROVA
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE:	9 OCTOBER 2009
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. I have considered the submissions made on behalf of the Applicant by her brother, as well as on behalf of the Minister for Immigration and Citizenship (Minister).  The fact that an Applicant might be disposed, were the case to be remitted, to take this case on appeal to this Court or, for that matter, an apprehension on the part of the Minister that that is where it might end up is no reason not to remit a case to the Federal Magistrates Court.  The Federal Magistrates Court has a magistrate resident in Cairns and, further, is regularly visited by federal magistrates from Brisbane to supplement the judicial resources already available in Cairns.

2. The case is one which would be within the jurisdiction of the Federal Magistrates Court to hear in the event that I remitted it.  The Applicant is at present without any particular means and is not well literate in English.  It seems to me that it would be a great burden for her to have to mount a case for hearing in Brisbane.  It would be a lesser burden for that to occur in Cairns. 

3. There is no resident Federal Court judge in Cairns.  Whilst this Court can and will sit in Cairns, it seems to me that the day-to-day management of this case prior to trial would best be achieved locally, rather than remotely, such as today’s direction hearing evidences.  There is no difference in terms of the jurisprudence that would be applicable in the event that the case was heard either in the Federal Magistrates Court or in this Court. 

4. For those reasons, then, it seems to me that the interests of justice on balance favour the remission of the case to the Federal Magistrates Court.  It is desirable, though, that there be some early focus in respect of the merits of the case in terms of whether a reasonable cause of action is disclosed.  The Applicant is not going to be in any better or worse position if any summary judgment application is heard in the Federal Magistrates Court as opposed to this Court.  That, too, is a factor I take into account.

5. I note that the Respondent Minister desires to have the case dealt with summarily and soon, if possible.  It is desirable to make some directions to achieve that end in conjunction with the order of remission.  I understand that a federal magistrate from Brisbane will be attending in Cairns in the week commencing 26 October 2009 and, in particular, has time available on 30 October 2009.  I further understand that the Respondent apprehends that its summary judgment application would take about an hour or so to hear.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan.

Associate:

Dated:       13 October 2009

Solicitor for the Applicant:	The Applicant appeared in person
Solicitor for the Respondents:	Mr A Yuile of Clayton Utz Lawyers

Date of Hearing:	9 October 2009
Date of Judgment:	9 October 2009