SZJKM v Minister for Immigration

[2007] FMCA 1268

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJKM v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1268

MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – application dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001.

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

Applicant: SZJKM

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG2724 of 2006

Judgment of: Emmett FM

Hearing date: 19 July 2007

Date of last submission: 19 July 2007

Delivered at: Sydney

Delivered on: 19 July 2007

REPRESENTATION

No appearance by the Applicant

Counsel for the Respondent: Ms S. A. Sirtes

Solicitors for the Respondent: Mr J. Dooley, Sparke Helmore Lawyers

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2724 of 2006

SZJKM

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second respondent

REASONS FOR JUDGMENT

1. The first respondent seeks an order from this Court that the proceeding commenced by way of application filed on 25 September 2006 be dismissed pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 by reason of the failure of the applicant to appear at today's scheduled hearing. 

2. The applicant attended a directions hearing before this Court on 9 November 2006 at which time the applicant was given leave to file and serve an amended application and any further evidence by

   
   

   11 January 2007 and directed to file and serve written submissions

   
   

   14 days before the hearing.  On that occasion the matter was set down for hearing on 7 August 2007. 

3. There has been no further document filed by or on behalf of the applicant.

4. On 29 June 2007, my Chambers wrote to the applicant at the only address identified by the applicant on both his application and the affidavit filed on 25 September 2006, in support of his application notifying him of today's hearing scheduled to commence at 10.30am.  It is now 11 am and the applicant has been called on three occasions and there has been no response.

5. The first respondent tendered a letter dated 12 July 2007 from the first respondent's legal representatives to the applicant at the applicant's only identified address, marked Exhibit 1R.  Exhibit 1R enclosed, by way of service, the respondent's submissions and confirmed today's hearing and commencement time and informed the applicant that, if he did not attend on this occasion, the first respondent would seek orders that his application be dismissed and that he pay the first respondent’s legal costs of the proceeding.

6. There has been no communication to this Court from or on behalf of the applicant to explain any reason why the applicant is not present this morning.

7. In the circumstances, I am satisfied that the applicant has had notice of today's scheduled hearing and for whatever reason has chosen not to attend.  In those circumstances, the orders sought by the first respondent are appropriate.

8. Accordingly, the proceeding before this Court, commenced by way of application filed on 25 September 2006 is dismissed.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Emmett FM

Associate:  S. Kwong

Date:  23 July 2007