SZFUD v Minister for Immigration

[2006] FMCA 1679

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFUD v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1679

MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – no appearance by applicant at hearing before this Court – Department of Immigration & Multicultural Affairs database records show applicant has left country – application dismissed pursuant to r.13.03A(c) of Federal Magistrates Court Rules 2001.

Federal Magistrates Court Rules 2001, r.13.03A(c)

Applicant: SZFUD

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG520 of 2005

Judgment of: Emmett FM

Hearing date: 8 November 2006

Date of last submission: 8 November 2006

Delivered at: Sydney

Delivered on: 8 November 2006

REPRESENTATION

No appearance by the Applicant

Solicitors for the Respondent: Ms M. Jolley, Sparke Helmore

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG520 of 2005

SZFUD

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The first respondent seeks an order dismissing the applicant’s proceeding before this court pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.

2. The applicant filed an application on 1 March 2005, seeking judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) dated 3 February 2005.  The applicant attended a directions hearing before a registrar of this court on 9 March 2005, at which time the matter was set down for hearing today, on 10 November 2006. 

   
   

   An amended application was filed by the applicant on 23 May 2005.  However, there has been no document filed in this court by or on behalf of the applicant since that date.

3. The first respondent reads the affidavit of Andrea Jane Nesbitt, sworn 2 November 2006, which annexes a copy of an entry from the Department of Immigration and Multicultural Affairs’ database recording movement details for the applicant, which indicate that the applicant left Australia on 27 May 2006.

4. There has been no change to the hearing date or time since the matter was set down for hearing on 9 March 2005, and the applicant attended that court event and indeed signed the directions.  In the circumstances, I am satisfied that, for whatever reason, the applicant has chosen not to appear today in circumstances where the applicant is aware of today’s hearing date. 

5. Accordingly, the order sought by the first respondent is appropriate.

6. The first respondent seeks costs fixed in an amount of $2500.  I note that such amount is less than the amount provided in the schedule of costs attached to the Federal Magistrates Court Rules 2001.

ORDERS DELIVERED

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Emmett FM.

Deputy Associate:  S. Tsang

Date:  14 November 2006