SZDJC v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 419

FEDERAL COURT OF AUSTRALIA

SZDJC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 419

MIGRATION – no point of principle

SZDJC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1698 OF 2004

MOORE J
23 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1698 OF 2004

BETWEEN:	SZDJC APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	23 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent's costs.

3.Costs be fixed in the sum of $800.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1698 OF 2004

BETWEEN:	SZDJC APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	23 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate given on 4 November 2004 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal").  The Federal Magistrate dismissed the application for default of appearance.

2. The applicant, a Pakistani national, first arrived in Australia on 11 August 1998 under a student (class TU) visa issued offshore and valid to 20 December 1999, subsequently extended to 15 March 2001.  On 16 April 2000 the applicant left Australia and returned on 25 April 2000.  He applied for a protection visa on 14 August 2000.  A delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the visa on 22 November 2000.  An application for review of the Tribunal's decision was received by the Tribunal on 28 December 2000.  On 29 July 2003, the Tribunal affirmed the delegate's decision not to grant the visa.

3. The applicant filed an application for judicial review of the Tribunal's decision with the Federal Magistrate on 19 April 2004.  He failed to attend at the first hearing date of 3 August 2004.  The matter was adjourned to 17 August 2004 at which time the applicant consented to an order requiring him to file and serve an amended application giving full particulars of each ground of review relied upon by 12 October 2004.  The matter was listed for hearing on 4 November 2004.  The applicant did not appear.  The Federal Magistrate made orders pursuant to Rule 13.03A(c) of the Federal Magistrates Rules ("the rules") dismissing the application.  The Federal Magistrate also ordered that the respondent's solicitors write to the applicant bringing to his attention Rule 16.05 of the rules, and in particular Rule 16.05(2)(a) which relates to judgments or orders made in the absence of a party. 

4. The application in this Court was filed on 18 November 2004.  The time and date of the hearing was to be advised by the Registry.  The Registry wrote to the applicant at the address for service advising the applicant of the hearing today.  In addition, the Minister has served recently at that address for service, submissions in the matter which would, at the very least, have alerted the applicant to the fact that the hearing of the matter was imminent.  The matter has been called, there is no appearance.  In those circumstances I propose to dismiss the application and order the applicant to pay the respondent's costs fixed in the sum of $800.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            14 April 2005

The Applicant did not appear.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	23 March 2005
Date of Judgment:	23 March 2005