SZBSC v Minister for Immigration

[2005] FMCA 1325

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBSC v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 1325

MIGRATION – Application for review of decision of RRT – where the applicant failed to appear in court.

Federal Magistrates Court Rules 2001

Applicant: SZBSC

First Respondent:

Second Respondent:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

REFUGEE REVIEW TRIBUNAL

File Number: SYG 2228 of 2003

Judgment of: Raphael FM

Hearing date: 1 September 2005

Date of Last Submission: 1 September 2005

Delivered at: Sydney

Delivered on: 1 September 2005

REPRESENTATION

Counsel for the Respondent: Mr D Jordan

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Proceedings 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 $4000.

3. The Refugee Review Tribunal is joined as second respondent in these proceedings.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2228 of 2003

SZBSC

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. These proceedings are brought by a husband and wife who arrived in Australia on 18 November 2002.  The applicants' appeal to the Refugee Review Tribunal was dismissed peremptorily on the day of the hearing for the reasons given.  The applicants filed an application for review of that decision on 21 October 2003.  The form of the application is familiar and is lacking in particulars.  The case was set down for hearing today by way of a letter from this court to the applicant at his last known address on 14 June 2005. The applicant had previously attended a directions hearing before the Registrar on 26 February 2004 when the matter was originally listed for hearing on 18 August. 

2. The applicant has not filed with the court any change of address. The matter was called at 2.35 pm today but the applicant was not in attendance. At 2.40 pm some 25 minutes after the case was due to be heard he was still not here and in those circumstances I propose to dismiss the proceedings pursuant to Part 13, Rule 13.03A(c) of the Federal Magistrates Court rules. I order that the applicant pay the respondent's costs which I assess in the sum of $4000. At the request of the respondent I consent to an order which joins the Refugee Review Tribunal as second respondent.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of R FM

Associate: 

Date: