SZJIV v Minister for Immigration

[2006] FMCA 1661

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJIV v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1661

MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – no appearance by applicant at first Court date – application dismissed pursuant to r.13.03A(c) Federal Magistrates Court Rules 2001.

Federal Magistrates Court Rules 2001, r.13.03A(c)

Applicant: SZJIV

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG2592 of 2006

Judgment of: Emmett FM

Hearing date: 2 November 2006

Date of last submission: 2 November 2006

Delivered at: Sydney

Delivered on: 2 November 2006

REPRESENTATION

No appearance by the Applicant

Solicitors for the Respondent: Ms K. Hooper, Phillips Fox

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2592 of 2006

SZJIV

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is the first Court date in respect of an application filed by the applicant on 14 September 2006, seeking judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) in respect of which the applicant asserts he was notified on 3 August 2006.

2. A notice of appearance was filed by the first respondent on 26 September 2006 and a response filed on 28 September 2006. 

   
   

   There has been no communication to the Court from the applicant or from anyone on behalf of the applicant.  It is now 10.30am, the matter having been set down for mention at 9.30am.  The applicant has been recently called again outside and there is no appearance.

3. The first respondent seeks an order pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 that the application be dismissed for non-appearance of the applicant at the first Court date.  In the circumstances, I am satisfied that the applicant was aware of today’s mention and, for whatever reason, he has chosen not to attend.  In the circumstances, it is appropriate that the orders sought by the first respondent be made.

4. Accordingly, the proceeding before this Court is dismissed.

   ORDER DELIVERED

   RECORDED : NOT TRANSCRIBED

   ORDERS DELIVERED

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

Deputy Associate:  S. Tsang

Date:  9 November 2006