SZDUV v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDUV v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 981

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a Protection (Class XA) visa – applicant claims political persecution in Nepal – judicial review application dismissed – applicant failed to appear at directions hearing.

PRACTICE AND PROCEDURE – Motion for reinstatement of judicial review application – whether sufficient information advanced for non-appearance of the applicant – application for reinstatement dismissed.

Federal Magistrates Court Rules 2001 (Cth), rr.13.03(2)(b), 16.05(2)(c)
Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.91X, 483A

Ponnuswamy v Australian Electoral Commission [2002] FCA 1086
SAAP v Minister for Immigration [2005] HCA 24

Applicant: SZDUV

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG1787 of 2004

Judgment of: Lloyd-Jones FM

Hearing date: 6 July 2006

Delivered at: Sydney

Delivered on: 9 August 2006

REPRESENTATION

Advocate for the Applicant: Mr M Newman

Solicitors for the Applicant: Newman & Associates

Advocate for the Respondents: Ms C Gray

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. The Refugee Review Tribunal is joined as the second respondent.

2. The name of the first respondent is amended to read ‘Minister for Immigration and Multicultural Affairs’.

3. The application filed on 23 December 2005 seeking orders made on

   
   

   1 February 2005 to be set aside is dismissed.

4. The applicant is to pay the first respondent’s costs and disbursements of and incidental to this application.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1787 of 2004

SZDUV

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

The proceedings

1. This is an application filed on 23 December 2005 seeking an order to have the orders made by this Court on 1 February 2005 set aside. I will treat the present application as an application made pursuant to r.16.05(2)(c) of the Federal Magistrates Court Rules 2001 (Cth) (“the Rules”), seeking to vary or set aside an interlocutory order of this Court.

2. These proceedings were commenced by an application under s.39B of the Judiciary Act 1903 (Cth) invoking s.483A of the Migration Act 1958 (Cth) (“the Act”) filed in the Sydney Registry of the Federal Magistrates Court of Australia on 10 June 2004, for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”). The Tribunal decision was made on 22 April 2004 and handed down on

   
   

   18 May 2004, affirming a decision of the delegate of the first respondent made on 8 December 2003, refusing to grant the applicant a Protection (Class XA) visa.  The applicant seeks unstated relief against the decision of the Tribunal.

3. The applicant in these proceedings is not to be identified pursuant to s.91X of the Act and has been given the pseudonym “SZDUV”.

4. The applicant has not sought to join the Tribunal as a party, however given that it is an exercise of the Tribunal’s jurisdiction that is under review, I will make the appropriate order that the Tribunal is joined…