SZDPX v Minister for Immigration

[2004] FMCA 591

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDPX v MINISTER FOR IMMIGRATION [2004] FMCA 591

MIGRATION – Visa – Bridging visa – where applicant does not appear because he was previously removed from Australia – summary dismissal.

Migration Act 1958 (Cth)
Federal Magistrates Court Rules 2001, R.13.10, Sch1

Applicant: SZDPX

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 1521 of 2004

Delivered on: 25 June 2004

Delivered at: Sydney

Hearing date: 25 June 2004

Judgment of: Scarlett FM

REPRESENTATION

There was no appearance by or on behalf of the Applicant

Counsel for the Respondent: Mr Allatt

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application is summarily dismissed.

2. The Applicant is to pay the Respondent’s costs of this application in the sum of $1560.00

3. Transcript of reasons for decision required.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 1521 of 2004

SZDPX

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The application before the Court is an application for orders that the respondent be restrained from removing the applicant from Australia, and an order setting aside any orders to remove the applicant until the matter is heard in the Federal Court.

2. The application contains allegations of bad faith by the Migration Review Tribunal, including a breach of the rules of natural justice, which is particularised as being a failure to have regard to the interests of the applicant’s children. The applicant also refers to matters, which go towards the merits of his application, including an assertion that he is not an alien and that he has been absorbed into the Australian community.

3. The reality is that the application is, in fact, an application in respect of a bridging visa, and that the applicant’s earlier application for a protection visa has already been dealt with. The application seeks, in effect, a review of a decision of the Migration Review Tribunal affirming a decision not to grant the applicant a Bridging visa.

4. The applicant has now been removed from Australia. He is currently in his native Fiji. The respondent’s solicitor, Mr Allatt, has tendered an affidavit of Dale Jennifer Watson, a solicitor from the office of the Australian Government Solicitor, deposing to the fact that the applicant was removed from Australia on 16^th June 2004. Accordingly, there has been no appearance by the applicant here today.

5. There is no reviewable error that appears on the papers. As the applicant has already left Australia, albeit involuntarily, the relief that he seeks is no longer available to him. The application will be summarily dismissed.

6. This is an application where there was no reasonable cause of action. It is a proper matter for an order for costs. The applicant is ordered to pay the respondent’s costs, according to Schedule 1 of the Federal Magistrates Court Rules 2001, in the sum of $1,560.00. I require a transcript of my reasons for this decision. 

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  V Lee

Date:  9 September 2004