SZGTX v Minister for Immigration

[2006] FMCA 793

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZGTX v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 793

MIGRATION – Failure of applicant to appear at hearing – application dismissed with costs.

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

Applicant: SZGTX

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG1879 of 2005

Judgment of: Emmett FM

Hearing date: 27 April 2006

Date of last submission: 27 April 2006

Delivered at: Sydney

Delivered on: 27 April 2006

REPRESENTATION

No appearance by the Applicant

Counsel for the Respondent: Ms S.A. Mason

Solicitors for the Respondent: Mr D. Sim, Clayton Utz

ORDERS

1. The applicant’s application is dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.

2. The applicant to pay the first respondent’s costs in an amount of $4000.

3. Direct the first respondent to prepare orders for filing in the Registry after confirming with chambers.

4. The first respondent to notify the applicant at last known address for service of orders made today together with a copy of r.16.05 Federal Magistrates Court Rules 2001.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1879 of 2005

SZGTX

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. On 18 July 2005 the applicant filed an application in this Court seeking review of a decision of the Refugee Review Tribunal dated 21 June 2005 affirming a decision of the delegate of the Minister to refuse a protection visa to the applicant. 

2. On 9 August 2005 the applicant attended before the Registrar of this Court and signed directions by consent, inter alia, setting the matter down for hearing before me at 2.15pm today.  The time is now 3.15pm and there has been no appearance by the applicant and no contact has been received by the Court or my chambers, nor, I am informed by counsel for the respondent, has there been any contact with the first respondent or her legal advisers. 

3. In the circumstances I am satisfied that the applicant was aware of the hearing today and for whatever reason has chosen not to appear.

4. The first respondent seeks an order that the applicant’s application before this Court be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules.  That rule provides that if a party to a proceeding is absent from a hearing (other than the first court date) the Court may, if the party is absent, is an applicant or a respondent, dismiss the application. 

5. In circumstances where there has been no change to the hearing date, time or place and the applicant was present and consented to the order setting the matter down for hearing today, I am satisfied that it is appropriate that the order sought by the first respondent be made.

6. Accordingly, the applicant’s application before this Court is dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules. 

7. The first respondent seeks costs fixed in an amount of $4000. I note that the costs provided for in sch.1 of the Federal Magistrates Court Rules exceed the amount sought. I am also satisfied that it was both reasonable and appropriate that counsel be briefed in the matter. Accordingly I order that the applicant pay the first respondent’s costs in an amount of $4000.

8. I also direct the first respondent to prepare orders for filing in the Registry after confirmation with my Chambers. I further direct the first respondent to notify the applicant at the applicant’s last identified address for service of the orders made today together with a copy of r.16.05 of the Federal Magistrates Court Rules. 

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

Deputy Associate:  S. Choo

Date:  1 June 2006