SZJCQ v Minister for Immigration

[2007] FMCA 485

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJCQ v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 485

MIGRATION – PRACTICE AND PROCEDURE – Application – summary dismissal of application.

Federal Magistrates Court Rules 2001, r.13.03A, sch.1

Applicant: SZJCQ

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2066 of 2006

Judgment of: Cameron FM

Hearing date: 27 March 2007

Date of Last Submission: 27 March 2007

Delivered at: Sydney

Delivered on: 27 March 2007

REPRESENTATION

No appearance by the applicant.

Solicitors for the Respondents: Clayton Utz

ORDERS

1. The proceedings be dismissed pursuant to r.13.03A(c) of the Rules of the Federal Magistrates Court.

2. The applicant pay the first respondent's costs fixed in the sum of $3,000.

3. The name of the first respondent be amended to read “Minister for Immigration & Citizenship”.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2066 of 2006

SZJCQ

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. The time is now 11.10am and this matter was originally listed for hearing at 10.15 this morning.  Owing to a matter earlier in the list, this matter was not reached until approximately 10.40.  At that stage the matter was called and there was no appearance by the applicant.

   
   

   I am informed by Ms Zaricki, the solicitor for the first respondent, that while she was waiting outside the Court, neither she nor madam interpreter identified anybody who might have been the applicant in these proceedings. 

2. The matter was adjourned until 11.10 when it was called again outside the Court and again there has been no appearance by the applicant. 

3. In the intervening period, Ms Zaricki has made enquiries of her office and has been told that there have been no enquiries from the applicant of her, so I infer there has been no contact by the applicant with the solicitors for the first respondent in relation to her appearance or attendance today.  My associate has made enquiries of the Registry in Queens Square and has called the matter on Level 7 of this Court and in the lobby of the John Maddison Tower and the applicant has not identified herself if she has been present. 

4. The applicant not being present now and the matter having been called for a second time, the first respondent has sought an order that the proceedings be dismissed pursuant to r.13.03A(c). In the circumstances, I consider that an appropriate order to make and I therefore order that the proceedings be dismissed pursuant to r.13.03A(c) of the Rules of the Federal Magistrates Court.

RECORDED : NOT TRANSCRIBED

1. As the application will be dismissed, the first respondent has sought an order for costs in the amount of $3,000. Ms Zaricki for the Minister informs me that the Minister's solicitor and client costs in these proceedings exceed $3,800. Notwithstanding that, the amount of $3,000 is sought. Further, it should be observed that para.1 of pt.2 of sch.1 to the Rules of this Court apply and the first respondent could have sought costs in the amount of $5,000 under those rules.

2. Given the non-attendance of the applicant today, I see no reason why costs should not follow the event as they would in the ordinary course.  There is no reason in my view why the Minister should not be awarded his costs.  In light of the solicitor and client costs advised to me by Ms Zaricki and the amount of $5,000 which would otherwise be available under the Rules of the Court, I consider the amount sought of $3,000 to be reasonable.  Therefore, those will be the costs which will be ordered. Further, the first respondent has sought an order correcting the name of the Minister to reflect the current title of this portfolio and that will be amended to that effect.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Cameron FM.

Associate: 

Date:  5 April 2007