SZIYP v Minister for Immigration

[2007] FMCA 55

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIYP v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 55

MIGRATION – Application to review decision of Refugee Review Tribunal – no appearance by applicant.

Applicant: SZIYP

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG1763 of 2006

Judgment of: Barnes FM

Hearing date: 16 January 2007

Delivered at: Sydney

Delivered on: 16 January 2007

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. The title of the first respondent shall be changed to Minister for Immigration & Multicultural Affairs.

2. There being no appearance by the applicant the application is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.

3. The applicant pay the costs of the first respondent fixed in the sum of $2,250.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1763 of 2006

SZIYP

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This matter comes before the Court by way of an application to review a decision of the Refugee Review Tribunal (the Tribunal) affirming a decision of a delegate of the respondent not to grant the applicant a protection visa.  The application was filed on 19 June 2006.  The applicant attended a directions hearing on 18 July 2006 with the assistance of an interpreter.  On that day a number of orders were made for the filing of further documents and the matter was listed for final hearing today, 16 January 2007 at 10.15am at Queens Square before me.

2. Subsequently the solicitors for the first respondent wrote to the applicant by letter of 23 August 2006 enclosing a copy of the green book and a number of relevant documents and reminding the applicant of the date, time and place of the final hearing and the fact that if he did not attend, the respondent may ask the Court to dismiss the application and order costs.  A further letter was sent on 9 January 2007 enclosing a copy of the Minister’s written submissions and again reminding the applicant of the date, time and place of the hearing.

3. Despite this, the applicant has neither filed any further evidence nor written submissions as ordered.  Nor was the applicant present today when the matter was first called, nor again after some 20 minutes. 

   
   

   In those circumstances the solicitor for the first respondent seeks that the application be dismissed for non-appearance and costs in the sum of $2250.  He has also sought that the title of the first respondent be changed to Minister for Immigration and Multicultural Affairs.  

   
   

   I consider it appropriate to make each of those orders.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Barnes FM

Associate: 

Date:  24 January 2007