SZDPC v Minister for Immigration

[2004] FMCA 801

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDPC v MINISTER FOR IMMIGRATION [2004] FMCA 801

MIGRATION – Visa – protection – visa – Refugee Review Tribunal – application for protection visa – review of decision of Refugee Review Tribunal affirming a decision of the delegate of the Minister refusing a protection visa to the applicant – where applicant leaves the country voluntarily before the hearing – application dismissed.

Migration Act 1958 (Cth)

Applicant: SZDPC

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 1484 of 2004

Delivered on: 10 November 2004

Delivered at: Sydney

Judgment of: Scarlett FM

REPRESENTATION

The Applicant: No appearance

The Respondent: Clayton Utz

The Application was heard in Chambers

ORDERS

1. The hearing date of 12 November 2004 is vacated.

2. The Application is listed for hearing today in chambers.

3. The Application is dismissed.

4. The Applicant is to pay the Respondent’s costs fixed in the sum of $2,500.00.

5. The Application is removed from the list of cases awaiting finalisation.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1484 of 2004

SZDPC

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

Application

1. This is an application for review of a decision of the Refugee Review Tribunal, affirming a decision of a delegate of the Minister not to grant a protection visa to the Applicant. The application was listed for hearing on Friday 12^th November 2004.

2. The Applicant was held in immigration detention at Villawood, New South Wales. I am informed that the Applicant departed Australia voluntarily on 20^th October 2004. I have before an affidavit by David Anthony Sim sworn on 28^th October 2004, showing that the Applicant has in fact left Australia. On 12^th October 2004, the Applicant was interviewed whilst in the detention centre. He indicated that he intended to leave Australia and that he wanted the Department of Immigration to buy him an airline ticket to Chennai, in India.

3. Annexure A to the affidavit of Mr Sim shows that the Applicant did in fact depart Australia for Chennai on 20^th October. He was a passenger on QANTAS flight QF123.

4. I am satisfied that the Applicant has left Australia. Accordingly, I vacate the hearing date of the 12^th November 2004 and list the matter before me today. I dismiss the application with costs fixed in the sum of $2,500.00. The application is to be removed from the list of cases awaiting finalisation.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  S.Polley

Date:  10 November 2004