SZHWU v Minister for Immigration

[2006] FMCA 394

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHWU v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 394

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of RRT decision affirming decision of a delegate of the Minister not to grant a protection visa – applicant is a citizen of India claiming fear of persecution.

PRACTICE & PROCEDURE – Where applicant did not attend court.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), s.483A
Federal Magistrates Court Rules 2001 r.10.01

Applicant: SZHWU

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3730 of 2005

Judgment of: Scarlett FM

Hearing date: 27 February 2006

Date of Last Submission: 27 February 2006

Delivered at: Sydney

Delivered on: 27 February 2006

REPRESENTATION

The Applicant: No appearance.

Solicitors for the Respondent: Ms Alex
Phillips Fox

ORDERS

1. The application is dismissed pursuant to Rule 10.01(2) (b) due to the non-attendance by the Applicant at Court.

2. The Applicant is to pay the First Respondent’s costs fixed in the sum of $300.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3730 of 2005

SZHWU

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.  The matter was listed for directions at 9.30 am this morning, 27^th February 2006.  I am satisfied that the applicant was aware of the time and place where he had to attend, not only from his own application but from a letter dated 23^rd December 2005 forwarded to the applicant by the solicitor for the respondent.  The applicant has not appeared either at 9.43 am when the matter was first called or at 10.20 am when the matter was again called.  No telephone calls have been received at the Court, nor am I aware of any faxed medical certificate or note indicating that the applicant has been delayed or hindered or prevented from attending Court.

2. I am now asked to dismiss the application.  The Court has the power to do just that under Rule 10.01(2) (b).  I see no reason why I should not follow that procedure.  I dismiss the application with costs.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  S.Polley

Date:  21 March 2006