SZBFY v Minister for Immigration

[2005] FMCA 263

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBFY v MINISTER FOR IMMIGRATION [2005] FMCA 263

MIGRATION – Non-appearance of applicant.

Federal Magistrates Court Rules 2001

Applicant: SZBFY

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG1645 of 2003

Judgment of: Raphael FM

Hearing date: 2 March 2005

Date of Last Submission: 2 March 2005

Delivered at: Sydney

Delivered on: 2 March 2005

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Ms V Hartstein

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.

2. Applicant to pay the respondent’s costs assessed in the sum of $4,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1645 of 2003

SZBFY

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant, who did not appear before the Refugee Review Tribunal, filed an application for review of the Tribunal's decision made on 18 September 2002 and handed down on 10 October 2002 on 18 August 2003. The application would be out of time unless jurisdictional error could be established. 

2. The applicant attended a directions hearing before the Registrar on 30 October 2003 where she signed some Short Minutes of Order which included the listing of this matter for hearing at 10.15 am today.  The applicant was also required to file an amended application with full particulars by 27 February 2004.  This was not done.

3. There was filed in court an application of Laura Gazi who deposed to the fact that a letter was sent to the applicant dated 14 February 2005 and was returned to the Australian Government Solicitor with the notation that the applicant was not at the address to which the letter was sent, that being the address contained on the application.

4. The applicant had not appeared at 10.30 am and the matter was called at that time. At 10.40 am she had still not appeared and in all the circumstances I believe that the matter should be dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules noting that a perusal of the decision of the Tribunal and the other documents contained in the Green Book would seem to indicate that the applicant has little prospect of success in her claim given her failure to attend the hearing and her failure to provide the Tribunal with any evidence concerning her personal situation from which the alleged "well-founded fear of persecution" is said to have emanated.

5. I order that the applicant pay the respondent's costs which I assess in the sum of $4,000 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

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

Associate: 

Date: