SZFNL v Minister for Immigration

[2006] FMCA 584

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFNL v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 584

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa to the applicant – where applicant did not attend Tribunal hearing – where applicant did not attend Federal Magistrates Court hearing.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.426A, 474
Federal Magistrates Court Rules 2001 r.13.03A

SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24

Applicant: SZFNL

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 170 of 2005

Judgment of: Scarlett FM

Hearing date: 6 April 2006

Date of Last Submission: 6 April 2006

Delivered at: Sydney

Delivered on: 6 April 2006

REPRESENTATION

The Applicant: No appearance

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

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

2. The Applicant is to pay the First Respondent’s costs of today fixed in the sum of $200.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 170 of 2005

SZFNL

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Application

1. This is an application for review of a decision of the Refugee Review Tribunal.  The application was listed for hearing at 12.00 noon today. 

   
   

   The matter was last in Court on 13^th March 2005, where Ms Warner- Knight appeared for the respondent Minister and the applicant appeared in person.  The matter was adjourned until today for final hearing. 

2. The applicant has not appeared.  He was called at two minutes past 12.00 and again at 12.30 and again he has not attended.  No message has been received at the Court from the applicant or from any person on the applicant's behalf indicating that he has been hindered or delayed or prevented from attending Court due to illness or injury or any other urgent personal circumstances.  No medical certificate has been faxed through to the Court fax here in John Maddison Tower indicating that he is ill, and no other message has been received.

3. The application was listed for final hearing.  I am aware that there has been correspondence between the solicitor for the respondent Minister and the applicant and I am satisfied from a copy of the letter of

   
   

   4^th April 2006 that the applicant had received a letter, which amongst other things, reminded him that the application was listed at 12.00 noon today, 6^th April 2006.  The letter provided a telephone number for the solicitor handling the matter in case the applicant or someone on the applicant's behalf wished to telephone.  Apparently, that has not been done.

4. There is no appearance by the applicant. The application will be dismissed under the provisions of r.13.03A(c).

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  S.Polley

Date:  21 April 2006