SZIEF v Minister for Immigration
[2007] FMCA 745
•8 May 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZIEF & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 745 |
| MIGRATION – Refugee Review Tribunal – whether proceeding should be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 by reason of failure of either applicant to appear at hearing. |
| Federal Magistrates Court Rules 2001 r.13.03A(c); pt.1 sch.1 |
| First Applicant: | SZIEF |
| Second Applicant: | SZIEG |
| First Respondent: | MINISTER OF IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG233 of 2006 |
| Judgment of: | Emmett FM |
| Hearing date: | 8 May 2007 |
| Date of last submission: | 8 May 2007 |
| Delivered at: | Sydney |
| Delivered on: | 8 May 2007 |
REPRESENTATION
| No Appearance by Applicants |
| Counsel for the Respondent: | Ms A. Mitchellmore |
| Solicitors for the Respondent: | Ms M. Palmer, Sparke Helmore |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 233 of 2006
| SZIEF |
First Applicant
| SZIEG |
Second Applicant
And
| MINISTER OF IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Ex-tempore
The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 23 January 2006 seeking judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) dated 20 February 2005, be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 by reason of the non-appearance of either of the applicants at today's hearing.
I note that the applicants attended a directions hearing before a Registrar of this Court on 21 February 2006 at which time the matter was listed for call-over on 12 January 2007. I note that both applicants appear to have signed that Court order. On 7 April 2006 the applicants filed an amended application and provided an address for receiving mail and a home address.
On 10 November 2006, the Court wrote to the applicants at both the address for receiving mail and the home address notifying them that the matter had been listed for final hearing today at 2.15pm.
It is now 2.37pm. The applicants have been called on three occasions and there is no appearance for the applicants. The first respondent tendered a letter dated 27 April 2007, being a copy letter sent to the applicants at the address for receiving mail, enclosing a copy of the first respondent's submissions and informing them of today listed hearing. I note that the letter also informs the applicants that if the applicants do not attend today's hearing that the first respondent will seek orders from the Court that the matter be dismissed and that the applicants pay the legal costs of the first respondent.
In the circumstances, I am satisfied that the applicants were aware, or should have been aware, of today's hearing date and for whatever reason have chosen not to attend. Accordingly, I am satisfied that it is appropriate that the orders sought by the first respondent be made.
ORDERS DELIVERED
RECORDED : NOT TRANSCRIBED
The first respondent seeks costs fixed in the amount of $3,500. I note that the relevant schedule is pt.1 of sch.1 of the Federal Magistrates Court Rules 2001. I am satisfied that the amount sought is reasonable in all the circumstances.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Emmett FM
Deputy Associate: E. Maconachie
Date: 21 May 2007
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