SZBXA v Minister For Immigration and Anor (No.2)

[2006] FMCA 1946

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBXA v MINISTER FOR IMMIGRATION & ANOR (No.2) [2006] FMCA 1946

MIGRATION – Application to set aside orders made in absence of applicant dismissing application for review of decision of the Refugee Review Tribunal – no appearance by applicant.

Migration Act 1958 (Cth)

Applicant: SZBXA

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 447 of 2006

Judgment of: Barnes FM

Hearing date: 19 December 2006

Delivered at: Sydney

Delivered on: 19 December 2006

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. There being no appearance by the applicant the application of 20 November 2006 is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.

2. The applicant pay the costs of the first respondent fixed in the sum of $550.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 447 of 2006

SZBXA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. These proceedings concern an application for review of a decision of the Refugee Review Tribunal (the Tribunal). The applicant sought review of the Tribunal decision in issue by application filed on 10 February 2006. He attended a directions hearing. Consent orders were made and the matter was listed for final hearing on 6 July 2006. There was no appearance by the applicant on 6 July 2006. The application was dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.

2. Subsequently, on 8 August 2006, the applicant filed an application seeking that the orders made dismissing his application for non-appearance be set aside and that the proceedings be reinstated. That matter was listed for hearing on 28 August 2006. There was no appearance by the applicant (or indeed for the respondent) on that date. The application was dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.

3. A further application was filed by the applicant on 20 November 2006, (relating to the orders made on 6 July 2006).  No mention was made of the August 2006 application and orders.  The application again sought that the orders dismissing the application be vacated and the proceedings be reinstated.  The application was accompanied by an affidavit which stated that the applicant had been unable to attend on 6 July 2006 because of a psychological problem.  No other evidence was provided in support of that claim.

4. The applicant has not attended today.  There is no indication that he has contacted the court or provided any reason for his non-attendance today. 

5. In these circumstance I am asked by the solicitor for the first respondent to dismiss the application for non-appearance pursuant to Rule 13.03A(c) and to award costs in the sum of $550. I consider it appropriate to make the orders that are sought by the first respondent.

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

Associate: 

Date:  18 January 2007