SZAXW v Minister for Immigration

[2004] FMCA 834

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAXW v MINISTER FOR IMMIGRATION [2004] FMCA 834

MIGRATION – Application to review decision of Refugee Review Tribunal – no appearance by applicant.

Applicant: SZAXW

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG1315 of 2003

Delivered on: 18 October 2004

Delivered at: Sydney

Hearing date: 18 October 2004

Judgment of: Barnes FM

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Counsel for the Respondent: Mr D Jordan

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the application is dismissed.

2. That the solicitors for the respondent to 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 pre-paid post to the last notified address for the applicant within seven days of today's date.

3. That the Applicant pay the Respondent’s costs set in the amount of $4,250. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1315 of 2003

SZAXW

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal handed down on 2 July 2003 affirming a decision of the delegate of the respondent not to grant the applicant a protection visa.  The applicant sought review of that decision by application filed in this court on 11 July 2003.  He appeared in person at the directions hearing on 4 September 2003.  At that time the matter was set down for hearing today at 2:15pm. 

2. The applicant was ordered to file and serve written submissions five working days prior to the hearing.  No written submissions have been received.  Written submissions have been filed by the respondent.  When the matter was called on today, the applicant was not present. 

   
   

   I stood the matter down for 15 minutes.  My associate endeavoured to contact the applicant and spoke to a gentleman on the telephone who identified himself as the applicant and said that he would be at the court in 25 minutes. It is now some 40 to 45 minutes after that conversation and the applicant is not here. 

3. In these circumstances, I consider that it is appropriate to make the order sought by the respondent dismissing the application in the absence of the applicant pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules. If there is some legitimate reason for the applicant’s non-appearance today, no doubt that will be raised at some future time. I will ask the solicitors for the respondent to notify the applicant of the orders made today and also of the effect of Rule 16.05 of the Federal Magistrates Court Rules.

4. In dismissing the application I have had regard to the applicant's absence as well as to all the other material before me. 

RECORDED   :   NOT TRANSCRIBED

1. The respondent seeks that the applicant pay the costs of today.  As the applicant has been unsuccessful it is appropriate that he do so.  The amount of $4,250 which is sought, is appropriate in the circumstances of this case.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM

Associate: 

Date:  3 November 2004