SZIAG v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIAG v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 208

MIGRATION – Application to set aside orders made in absence of applicant.

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

Migration Act 1958 (Cth)

Lee v Minister for Immigration and Multicultural Affairs [2001] FCA 1448
SCAR v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 198 ALR 293
SZIAG v Minister for Immigration & Citizenship [2007] FMCA 1903
Taylor v Taylor (1979) 143 CLR 1

Applicant: SZIAG

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 11 of 2006

Judgment of: Barnes FM

Hearing date: 14 February 2008

Delivered at: Sydney

Delivered on: 14 February 2008

REPRESENTATION

Applicant: In person

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The application of 20 November 2007 be dismissed.

2. The applicant pay the costs of the first respondent fixed in the sum of $500.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 11 of 2006

SZIAG

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application filed by the applicant on 20 November 2007 to set aside orders made by this Court on 8 November 2007 dismissing an application for review of a decision of the Refugee Review Tribunal pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules 2001.  There was no appearance by or on behalf of the applicant at the hearing on 8 November 2007. 

2. The background to these proceedings is that the applicant arrived in Australia in November 1994 and in September 1995 applied for a protection visa.  That application was refused and the applicant sought review by the Tribunal.  By decision of 20 December 2005 the Tribunal affirmed the decision not to grant the applicant a protection visa.  The applicant sought review of the Tribunal decision by application filed in this Court on 3 January 2006. 

3. There is nothing in the material before me to indicate that the applicant was represented in these proceedings at the time he filed the application or thereafter.  The applicant attended a directions hearing on 31 January 2006.  In cross-examination today he agreed that he attended the directions hearing, that he had the assistance of an interpreter, that short minutes of order that were made by consent were translated to him and that his signature appeared on those orders. 

4. On 31 January 2006 orders were made by consent for the applicant to file and serve any affidavit containing additional evidence, including any transcript of the Tribunal hearing, by 1 May 2006.  Any amended application with complete particulars of each ground of review was to be filed by 1 May 2006.  The matter was listed for final hearing at 10.15 am on 8 November 2007.  The orders stated that the hearing would be at the Law Courts Building, Queens Square, Sydney.  However on 10 September 2007 the Court wrote to the applicant (at the correct address) advising…