SZHSA v Minister for Immigration

[2006] FMCA 432

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHSA v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 432

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of decision of the RRT affirming a decision of a delegate of the Minister not to grant the applicant a protection visa – applicant a citizen of China – where applicant did not attend Tribunal 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: SZHSA

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3505 of 2005

Judgment of: Scarlett FM

Hearing date: 10 March 2006

Date of Last Submission: 10 March 2006

Delivered at: Sydney

Delivered on: 10 March 2006

REPRESENTATION

The Applicant: No appearance

Solicitors for the Respondent: Clayton Utz

ORDERS

1. The application is dismissed pursuant to Rule 13.03A.

2. The Applicant is to pay the First Respondent’s costs fixed in the sum of $3,400.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3505 of 2005

SZHSA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS 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 which was made on 13^th October 2005 and handed down on

   
   

   1^st November 2005.  The tribunal affirmed the decision made by the delegate of the respondent Minister made on 26^th July 2005 refusing an application for a protection visa.

2. The applicant filed an application for review of the tribunal's decision which came before the Court on 16^th January this year.  I listed the application for final hearing today at 12 noon.

3. The applicant has not attended.  I am satisfied from the affidavit of Sharon Ann Burnett sworn 6^th March 2006 and filed on 7^th March 2006 that the applicant has, in fact, departed Australia.  I am also satisfied from my reading of that affidavit, that a person in the position of the applicant holding a class WA bridging visa, sub-class 010, is not entitled to re-enter Australia whilst holding such a visa.

4. Accordingly I am satisfied that the applicant not only has not attended Court but will not attend Court. There is no point in leaving the matter in the list any further. I propose therefore to make an order dismissing the application on the basis of the non-appearance by the applicant according to the provisions of Rule 13.03A of the Federal Magistrates Court Rules 2001.

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

Associate:  S. Polley

Date: 27 March 2006