SZAUC v Minister for Immigration
[2004] FMCA 507
•4 August 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZAUC v MINISTER FOR IMMIGRATION | [2004] FMCA 507 |
| MIGRATION – Application for review of decision of Refugee Review Tribunal – no appearance by Applicant – application dismissed. |
| Applicant: | SZAUC |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ1106 of 2003 |
| Delivered on: | 4 August 2004 |
| Delivered at: | Sydney |
| Hearing date: | 4 August 2004 |
| Judgment of: | Barnes FM |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Nil |
| Solicitors for the Respondent: | Blake Dawson Waldron |
ORDERS
That there being no appearance by the applicant the application is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.
That the respondent notify the applicant of the orders made today and of the effect of Rule 16.05 of the Federal Magistrates Court Rules by letter sent by prepaid post to the applicant's postal address within seven days of today's date.
That the applicant pay the respondent's costs set in the amount of $3,000.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ1106 of 2003
| SZAUC |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application for review of a decision of the Refugee Review Tribunal made on 21 May 2003 affirming a decision of a delegate of the respondent not to grant the applicant a protection visa. The applicant sought review of that decision by an application filed in this court on 18 June 2003. He attended a directions hearing on 7 August 2003 with the assistance of a Bengali interpreter.
The matter was listed for hearing today at 10:15am. The applicant was ordered to file any amended application by 1 November 2003. He did not do so. He was also ordered to file written submissions five days before the hearing. No written submissions have been received. He was not present when the matter was called today or when the matter was called again after a short adjournment. An unsuccessful effort was made to contact him on the telephone numbers on the file.
In these circumstances I am satisfied that the applicant has had an opportunity to attend today to participate in the hearing. It is appropriate in the absence of his appearance to dismiss the matter pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.
The telephone advice from someone who answered his phone was to the effect that the applicant has left the country. There is no evidence to confirm this. I consider therefore it is appropriate that the respondent notify the applicant of the orders made today and of the effect of Rule 16.05 of the Federal Magistrates Court Rules by a letter sent to the postal address for the applicant within seven days of today's date to cater for any explained reason for his non-appearance.
RECORDED : NOT TRANSCRIBED
The respondent seeks that the applicant meet the costs of these proceedings and seeks costs in the sum of $3500. Having regard to the nature of this and similar matters and the work involved in preparation for these proceedings (and also the absence of any involvement of counsel in the proceedings) I consider that an appropriate figure more consistent with what might usually be ordered in such a case is the sum of $3000 and that costs should be set in that amount.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 18 August 2004.
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