SZDVQ v Minister for Immigration

[2005] FMCA 311

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDVQ v MINISTER FOR IMMIGRATION [2005] FMCA 311

MIGRATION – Review of decision of Refugee Review Tribunal – interlocutory application – non–compliance with orders – failure to file an amended application – Rule 13.03(2)(b) – application dismissed.

Migration Act 1958 (Cth)

Applicant: SZDVQ

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG1845 of 2004

Judgment of: Mowbray FM

Hearing date: 24 February 2005

Date of Last Submission: 24 February 2005

Delivered at: Sydney

Delivered on: 24 February 2005

REPRESENTATION

Advocate for the Applicant: In person

Advocate for the Respondent: Ms Warner Knight

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application filed in this Court on the 16 June 2004 be dismissed pursuant to Rule 13.03(2)(b).

2. The applicant pay the respondent’s costs fixed in the sum of $1,400.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1845 of 2004

SZDVQ

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an ex tempore judgment which has been revised and edited from a transcript.  It relates to a decision of the Refugee Review Tribunal (the Tribunal) made on 22 April 2004 and handed down on 19 May 2004.  In this matter the applicant filed an application for review of the Tribunal’s decision on 16 June 2004. 

2. The application to this Court contains no grounds of review but rather recites some factual assertions by the applicant.

3. At a directions hearing on the 22 September 2004 a Registrar of this Court ordered that the applicant file and serve an amended application setting out in full the grounds and particulars of those grounds relied upon together with any evidence, affidavits to be relied upon, on or before 30 November 2004.  That order was made by consent on the 22 September 2004.  No amended application has been received. 

4. The respondent notified the applicant by post in a letter sent on 28 January 2005, although mistakenly dated as 21 October 2004, that the respondent would seek to have the matter dismissed at this hearing because he had failed to comply with the orders of the Court. 

5. It is clear that the applicant had notice of the interlocutory hearing in this Court because he had a copy of that letter with him at the hearing. 

6. Two further letters were sent to the applicant on 16 February 2005, also advising him and reminding him of the current interlocutory hearing.  Although he did not have those with him, they were sent to the address given for service and also the address he gave as his home address. 

7. I also note that the applicant was given the opportunity by the Tribunal to attend a hearing to be heard on 19 May 2004 but he had failed to attend that hearing. 

8. As a consequence the Tribunal was not able to seek further evidence from him to support his claims and could not be satisfied that he had a well-founded fear of persecution. 

9. The applicant, when provided with the opportunity at the current hearing to explain his position and provide a response to the orders sought by the Minister, said he had nothing to say.

10. In the circumstances, I can see no good reason for continuing this matter.  

11. I dismiss the application pursuant to rule 13.03(2)(b) of the Federal Magistrates Court Rules, noting that the applicant has failed to take a step that is required in these proceedings and has failed to comply with an order of the Court.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of Mowbray FM

Associate:  Kelisiana Thynne

Date:  4 April 2005