SZCNX v Minister for Immigration
[2006] FMCA 115
•16 January 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZCNX v MINISTER FOR IMMIGRATION | [2006] FMCA 115 |
| MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of decision of RRT affirming a decision of delegate not to grant a protection visa to the applicant – applicant a citizen of The People’s Republic of China. |
| Judiciary Act 1903 (Cth), s.39B Migration Act 1958 (Cth), s.483A Federal Magistrates Court Rules 2001, r.13.03A(c) |
| SAAP and Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 |
| Applicant: | SZCNX |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG 166 of 2004 |
| Judgment of: | Scarlett FM |
| Hearing date: | 16 January 2006 |
| Date of Last Submission: | 16 January 2006 |
| Delivered at: | Sydney |
| Delivered on: | 16 January 2006 |
REPRESENTATION
| The Applicant: | No appearance |
| Solicitors for the Respondent: | Ms Warner-Knight Australian Government Solicitor |
ORDERS
The application is dismissed pursuant to Rule 13.03A(c) for
non-attendance by the Applicant at Court.
The Applicant is to pay the Respondent’s costs fixed in the sum of $4,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 166 of 2004
| SZCNX |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
Application
This is an application for review of a decision of the Refugee Review Tribunal that was made on 27th November 2003 and handed down on 22nd December 2003. The decision of the Tribunal was to affirm the decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs not to grant a protection visa to the applicant.
The applicant commenced proceedings in this court by means of an application under s.39B of the Judiciary Act, which was filed on
21st January 2004, and on 12th August 2004 she filed an amended application.
On 21st January 2005 the matter became before a Registrar in a call-over and was listed for hearing in this Court on 2.15 pm on
Monday 27th February 2006. I listed the application for mention today, by means of a call-over to see whether the parties were ready to proceed. The applicant has not appeared, even though she was called at 10.19 am and 10.45 am. The solicitor for the respondent has attended and informs me that the matter has been prepared for hearing and the respondent Minister is otherwise in all respects ready to proceed with the matter on the appointed day.
There is no explanation given as to why the applicant has not attended court today: no telephone call, no fax, no medical certificate, no appearance. To my mind there is no justification in leaving the matter in the list any further. I do not know why the applicant is not ready to proceed or why the applicant is not here.
I propose to dismiss this application under the provisions of
r.13.03A(c) for non-attendance by the application. This is not of course the first court date. It is also a suitable matter for an order for costs. I note that the Refugee Review Tribunal is not named as a respondent, as this matter was commenced before the decision of the High Court of Australia and SAAP and Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24. If the matter was going to continue I would have joined the Refugee Review Tribunal. It seems to me to be of no value to join the Tribunal as a respondent in respect of an application that is going to be dismissed, so I do not intend to so.
The application will be dismissed. The costs sought by the solicitor of the Minister are within the scale envisaged by the rules and appear to me to be reasonable, bearing in mind the amount of preparation that needs to be done.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate: S.Polley
Date: 27 January 2006
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