SZAVM v Minister for Immigration
[2004] FMCA 502
•30 July 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZAVM v MINISTER FOR IMMIGRATION | [2004] FMCA 502 |
| MIGRATION – Application for review of decision of Refugee Review Tribunal – no appearance by applicant – application dismissed. |
| Applicant: | SZAVM |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ1151 of 2003 |
| Delivered on: | 30 July 2004 |
| Delivered at: | Sydney |
| Hearing date: | 30 July 2004 |
| Judgment of: | Barnes FM |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Mr JD Smith |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
That there being no appearance by the applicant, the application is dismissed pursuant to Rule 13.03AC of the Federal Magistrates Court Rules.
That the respondent notify the applicant by letter sent by pre-paid post to the last notified address for service for the applicant within seven days of today's date of the orders made today and of the effect of Rule 16.05 of the Federal Magistrates Court Rules.
That the applicant pay the respondent's costs set in the amount of $3,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ1151 of 2003
| SZAVM |
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 handed down on 30 March 1998 affirming a decision of a delegate of the respondent to refuse to grant the applicant a protection visa. The matter was listed for hearing today at 10:15am. The applicant was not present when the matter was called. The matter was stood down. He was not able to be contacted and was not present at 10:30am when the matter resumed.
The respondent seeks that the application be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court rule in light of the non-appearance of the applicant. It is apparent from the court file that the applicant attended the directions hearing held on 14 August 2003, had the assistance of a Bengali interpreter and that on that day the matter was listed for hearing today. The respondent tendered a copy of a letter forwarding the respondent's written submissions to the applicant on 27 July 2004 and confirming the hearing date, time and place.
In light of the applicant's presence at the directions hearing I am satisfied that he should have been aware of the hearing and had the opportunity to appear today. There was no indication before the court as to why he was not here. He has not filed written submissions and there is no evidence of any other communication with the respondent or with the court.
In those circumstances I consider it is appropriate to dismiss the matter pursuant to Rule 13.03A(c). In case there is a legitimate reason for the applicant’s non-appearance, the respondent will be required to notify the applicant of the effect of Rule 16.05 of the Federal Magistrates Court rules.
The respondent seeks that the applicant pay the costs of these proceedings. This is appropriate. Bearing in mind the nature of this and other similar matters I consider that an amount of $3,000.00 should be fixed pursuant to the Federal Magistrates Court Rules.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 17 August 2004
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