SZFQG v Minister for Immigration

[2006] FMCA 1261

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFQG v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1261

MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – failure of applicant to attend hearing before this Court – application does not disclose any grounds with reasonable prospects of success – application dismissed pursuant to r.13.03A(c) Federal Magistrates Court Rules 2001.

Federal Magistrates Court Rules 2001, rr.13.03A(c); 16.05

Applicant: SZFQG

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG274 of 2005

Judgment of: Emmett FM

Hearing date: 15 August 2006

Date of last submission: 15 August 2006

Delivered at: Sydney

Delivered on: 15 August 2006

REPRESENTATION

No appearance by the Applicant

Counsel for the Respondent: Mr T. Reilly

Solicitors for the Respondent: Mr O. Young, Blake Dawson Waldron

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG274 of 2005

SZFQG

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The first respondent seeks an order this afternoon that the applicant's application or proceeding in this Court commenced by way of application filed on 27 January 2005 be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 on the basis that the applicant is absent from this afternoon's hearing.  I note that it is now 2.34pm and the applicant has been called at least three times.  There has been no communication received from the applicant by either my Chambers or the first respondent or her advisers.

2. I note that the matter was the subject of directions on 15 February 2005 at which time the applicant was given leave to file and serve an amended application and to file any further evidence, including written submissions.  The matter was set down for hearing on 8 August 2006 at 2.15pm, that being last Tuesday. 

3. On 7 August 2006, due to my own illness, the hearing was adjourned to this afternoon at 2.15pm and a letter was sent by my Chambers to the applicant by courier that day at the applicant's address for service identified on the application, that being the only address for service in the Court file.  That letter informed the applicant that due to judicial unavailability the matter had been relisted for this afternoon at 2.15pm. 

4. The first respondent's lawyers also sent by courier a letter to the applicant at his address identified for service on 7 August 2006, informing him of the rescheduling of the matter today.  A copy of that letter, together with the courier request form, was tendered by the first respondent and is marked ‘exhibit 1R.’

5. There has been no other document filed by the applicant in the proceeding other than the initiating application.  The application does not disclose any ground with reasonable prospects of success and is in the following terms:

   “I have expressed my intention to come to the hearing to RRT.  However accident happened to me on the way.  I was unable to attend that hearing.  When I tried to call RRT two days later, they didn't give me an answer.  My application was then refused.”

6. In the circumstances, I am satisfied that the applicant was aware of this afternoon's hearing date and time and place and, for whatever reason, has chosen not to attend. I am also satisfied it is appropriate that an order be made dismissing the applicant's proceeding pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.  Accordingly, I make that order.

RECORDED  :  NOT TRANSCRIBED

1. The first respondent seeks costs fixed in an amount of $3800.  I note that the old cost schedule is the applicable schedule and that the amount provided in that schedule exceeds the amount sought by the first respondent.  In the circumstances, I am satisfied that the amount sought by the first respondent is reasonable, including the briefing of counsel.

ORDERS DELIVERED

1. I direct the first respondent to notify the applicant forthwith at his identified address for service of the orders made today together with a copy of r.16.05 of the Federal Magistrates Court Rules 2001 and to prepare the orders for filing at the registry.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Emmett FM

Deputy Associate:  S. Tsang

Date:  24 29 August 2006