SZBGW v Minister for Immigration

[2005] FMCA 462

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBGW v MINISTER FOR IMMIGRATION [2005] FMCA 462

MIGRATION  – Dismissal for non-attendance.

Federal Magistrates Court Rules 2001

Applicant: SZBGW

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG1673 of 2003

Judgment of: Raphael FM

Hearing date: 21 March 2005

Date of Last Submission: 21 March 2005

Delivered at: Sydney

Delivered on: 21 March 2005

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03A(c)

2. Applicant to pay the respondent’s costs assessed in the sum of $4,000 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1673 of 2003

SZBGW

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. These proceedings were commenced by way of an application filed on 20 August 2003.  The grounds of the application were eightfold and the ninth indicated that the applicant would provide more details of the grounds later.  Notwithstanding the usual order being made at the directions hearing no further particulars were provided.  At the directions hearing the date of this hearing was provided to the applicant and it is noted that the applicant was in receipt of assistance through the Minister's scheme.  On 17 March a letter was written by the respondent's solicitors to the applicant addressed to him at the address for service appearing on the application providing him with a copy of the respondent's outline of submissions and reminding him of the hearing date at 2.15 pm today.

2. At 2.30 pm today the applicant had not appeared and after his name was called there was no appearance either.  I would therefore propose to dismiss this matter pursuant to the provisions of Part 13 Rule 13.03A(c) of the Federal Magistrates Rules.  But in doing so I think it is important to note that the applicant appears, from the decision of the Tribunal, to have a history of non-attendance.  The Tribunal set three dates altogether for his attendance before it and he belatedly provided medical reports.  Eventually he did appear.  One of the medical reports was provided by the applicant's treating doctor who the Tribunal contacted and who indicated that the applicant had asked him for a certificate in relation to work rather than in relation to appearance before a Tribunal.

3. In the event that the applicant is minded to seek reinstatement of these proceedings on medical grounds it is to be made clear that any certificate that is provided must give full details of the applicant's alleged condition and the reason why it prevented him from attending today.

4. I dismiss the application pursuant to the rule previously stated. 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 four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date: