SZBQA v Minister for Immigration
[2005] FMCA 1127
•3 August 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZBQA v MINISTER FOR IMMIGRATION | [2005] FMCA 1127 |
| MIGRATION – Dismissal for non attendance. |
| Federal Magistrates Court Rules 2001 |
| Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 |
| Applicant: | SZBQA |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG2145 of 2003 |
| Judgment of: | Raphael FM |
| Hearing date: | 3 August 2005 |
| Date of Last Submission: | 3 August 2005 |
| Delivered at: | Sydney |
| Delivered on: | 3 August 2005 |
REPRESENTATION
| For the Applicant: | No appearance |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules.
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 |
SYG2145 of 2003
| SZBQA |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
In these proceedings the applicant seeks review of a decision of the Refugee Review Tribunal made on 2 September 2003 and handed down on 25 September 2003 affirming a decision of the delegate of the Minister not to grant the applicant a protection visa.
An application seeking review of that decision was filed on 14 October 2003 in this court by a firm of solicitors acting on behalf of the applicant. Those solicitors appeared at a directions hearing held on the 18 February 2004 at which the hearing today was listed. In May 2004 the applicant and his solicitors parted company and the applicant sent into the court a notice of intention to act in person, a copy of which he provided to the respondent's solicitors.
In a notice of ceasing to act as a solicitor, dated 19 May 2004, there is annexed an authority from the applicant to his lawyers requesting them to provide him with a copy of his file. In all these circumstances I have no difficulty in inferring that the applicant was well aware of today's hearing date. In addition I am told by Ms Burnett, who appears for the Minister, that yesterday a copy of the Minister's submissions in the matter were sent to the applicant's address as given in the notice of intention to act in person.
The applicant's claim to have a well founded fear of persecution for a Convention reason of political opinion appears to have arisen out of his alleged profession as a journalist, and his writing in the Yemeni Republic of articles critical to the government. The Tribunal, for the reasons given, did not accept the credibility of the applicant nor that he was in fact a journalist.
The application appears to be based upon those grounds considered by the High Court in the two proceedings known as the Muin and Lie actions, Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601, but there are no particulars provided and there is no evidence of the type which the Full Bench of the Federal Court has consistently said needs to be provided in order to establish those matters which were agreed facts in those two cases.
The case was called on for hearing at 10.15 today. At 10.35 the applicant had not appeared. His name was called outside the court. I have concluded giving these reasons at 10.45. The applicant is still not in attendance.
In those circumstances I propose to dismiss the proceedings pursuant to Part 13 Rule 13.03A(c) of the Federal Magistrates Court Rules and order that the applicant pay the respondent's costs which I assess in the sum of $4,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Raphael FM
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