SZIFO v Minister for Immigration

[2006] FMCA 780

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIFO v  MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 780

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 – where applicant did not attend court for the hearing – application dismissed.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.424, 424A

Applicant: SZIFO

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 295 of 2006

Judgment of: Scarlett FM

Hearing date: 22 May 2006

Date of last submission: 22 May 2006

Delivered at: Sydney

Delivered on: 22 May 2006

REPRESENTATION

Applicant: No Appearance

Counsel for the Respondent: Mr Carr

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. The Application is dismissed pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001.

2. The Applicant is to pay the First Respondent’s costs fixed in the sum of $5,600.00. 

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 295 of 2006

SZIFO

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Refugee Review Tribunal. The application had been listed for hearing on 11^th May 2006.  The Applicant, however, sent a medical certificate shortly before that time, and I took the view that I should accept the medical certificate on its face, notwithstanding the scepticism exhibited by the Minister’s legal advisers.

2. I adjourned the matter for Final Hearing to today at 11:00am and made further directions, including directions for filing and serving an Amended Application. That was done, but the Applicant has not appeared.

3. I did order on 11^th May that the Applicant must attend the Court today or orders would be made in his absence. The Applicant has not appeared. He in fact sent a facsimile indicating that he would not be able to attend the Final Hearing because of a serious sickness. No medical certificate was provided, and I am not satisfied that I should adjourn the proceedings. The Applicant has been made well and truly aware of what the consequences would be of a further non-attendance.

4. I will award costs on a party and party basis. 

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

Associate:  Virginia Lee

Date:  30 May 2006