SZFJI v Minister for Immigration

[2006] FMCA 931

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFJI v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 931

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of RRT decision affirming decision of a delegate of the Minister not to grant a protection visa – applicant is a citizen of Kenya claiming well-founded fear of persecution for reason of religion – where applicant did not attend Federal Magistrates Court hearing.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), s.424
Federal Magistrates Court Rules 2001 r.13.03A(c)

Applicant: SZFJI

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1 of 2005

Judgment of: Scarlett FM

Hearing date: 16 June 2006

Date of Last Submission: 16 June 2006

Delivered at: Sydney

Delivered on: 16 June 2006

REPRESENTATION

The Applicant: No appearance

Solicitors for the Respondents: Clayton Utz

ORDERS

1. The application is dismissed pursuant to Rule 13.03A(c) due to the non-appearance by the Applicant at Court.

2. The Applicant is to pay the First Respondent’s costs fixed in the sum of $5,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1 of 2005

SZFJI

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

Application

1. This is an application for review of a decision of the Refugee Review Tribunal; the decision was made on 5^th November 2004.  The applicant sought a review of the proceedings from this court, and the application was originally listed for final hearing on 21^st August 2006.  Due to a freeing up of court dates, the application was re-listed on

   
   

   27^th February 2006, and assigned a fresh hearing date of

   
   

   13^th March 2006. 

2. The applicant appeared in person on 27^th February and again on

   
   

   13^th March, and on that occasion, however, she sought a further adjournment in order to prepare her case properly and obtain further advice.  I granted the adjournment and the matter was listed for final hearing on 15^th May 2006.  At that time, the applicant did not appear but at the request of the solicitor for the respondent, I adjourned the proceedings until today for mention only. 

3. The applicant has not attended, and she did not answer when the matter was called at 10.00 am.  I stood the matter down and called the matter again at 10.15 am.  She did not appear then, and it is now 10.20 am and she has not appeared.  This is the second time that the applicant has not appeared, and I am not satisfied that any further delay is going to lead to a late appearance.  Certainly no message has been received from the applicant either on this occasion on the last occasion, indicating that she was late or delayed or unable to attend court for any reason.

4. I am asked to dismiss the application under the provisions of

   
   

   Rule 13.03A(c), and I propose to do just that. 

5. There is an application for costs in the sum of $5,000.00 which includes counsel's fees, preparation for final hearing and five appearances at court.  In my view that is an appropriate amount and I consider it proper to make an order for costs in favour of the First Respondent.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  S.Polley

Date:  28 June 2006