SZFNL v Minister for Immigration
[2007] FMCA 1283
•20 July 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZFNL v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1283 |
| MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – application dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 |
| Federal Magistrates Court Rules 2001, rr.44.12; 13.03A(c) |
| Applicant: | SZFNL |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG3557 of 2006 |
| Judgment of: | Emmett FM |
| Hearing date: | 20 July 2007 |
| Date of Last Submission: | 20 July 2007 |
| Delivered at: | Sydney |
| Delivered on: | 20 July 2007 |
REPRESENTATION
| No appearance by the Applicant |
| Solicitor for the Respondent: | Mr A. Markus, Australian Government Solicitor |
| Solicitor for the Respondent: | Ms B. Griffin, Australian Government Solicitor |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3557 of 2006
| SZFNL |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The first respondent seeks an order dismissing the proceeding before this Court commenced by way of application, filed on 1 December 2006, pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001, by reason of the failure of the applicant to appear at today's scheduled hearing.
In considering whether the applicant has had notice of today's hearing it is necessary to have a brief regard to the documents in the Court's file relating to the various addresses provided by the applicant over the history of this proceeding.
The initiating application, filed by the applicant on 1 December 2006 was supported by an affidavit. The address identified as the applicant's home address and address for receiving mail was the same and was also the same address referred to by the applicant in the affidavit.
The applicant attended a directions hearing on 1 February 2007 before this Court at which time the matter was set down for a hearing, pursuant to r.44.12 of the Federal Magistrates Court Rules 2001, on 19 March 2007.
Prior to that date on 13 March 2007, the applicant filed an amended application and the address provided by the applicant both as his home address and the address for receiving mail was unchanged at that time.
On 19 March 2007, the applicant appeared before this Court and the matter was set down for hearing on 9 August 2007. Directions were made at that time giving leave to the applicant to file a second amended application and any further evidence upon which he intended to rely by 30 April 2007.
On 11 April 2007, the applicant filed a notice of change of address for service identifying an address at Campsie as both his home address and the postal address.
On 30 April 2007, the applicant filed a second amended application, and the address on that document again was the same for receiving mail and the home address and was the same address at Campsie as that on change of address for service form, filed on 11 April 2007. Since that date there has been no other document filed by or on behalf of the applicant.
On 29 June 2007, my Chambers wrote to the applicant at the address identified by him at the changed address for service informing him that the matter was rescheduled for hearing today commencing at 10.15am.
It is now 10.47am and the applicant has been called on at least three occasions. The first respondent also has tendered a letter, marked Exhibit 1R and dated 13 July 2007, addressed to the applicant at the Campsie address, reminding of today's hearing and informing him that if he was to fail to appear that the first respondent would seek orders in his absence that his application be dismissed with costs.
There has been no communication to this Court from or on behalf of the applicant to explain any reason why the applicant is not present this morning.
In the circumstances, I am satisfied that the applicant has had notice of today's scheduled hearing and for whatever reason has chosen not to attend. In those circumstances, the orders sought by the first respondent are appropriate
Accordingly, the proceeding before this Court, commenced by way of application, filed on 1 December 2006, is dismissed.
I direct the first respondent to provide a copy of today's orders forthwith to the applicant together with a copy of r.1605 of the Federal Magistrates Court Rules 2001.
I certify that the preceding fourteen (14) paragraphs are a true copy of the reasons for judgment of Emmett FM
Associate: S. Kwong
Date: 24 July 2007
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