SZJLA v Minister for Immigration

[2007] FMCA 1735

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJLA v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1735

MIGRATION – Application to review decision of Refugee Review Tribunal – non-appearance by applicant.

Migration Act 1958 (Cth)

Applicant: SZJLA

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG 2769 of 2006

Judgment of: Barnes FM

Hearing date: 13 September 2007

Delivered at: Sydney

Delivered on: 13 September 2007

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondent: Sparke Helmore

ORDERS

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

2. The applicant pay the costs of the first respondent fixed in the sum of $3,200.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2769 of 2006

SZJLA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal (the Tribunal) affirming a decision of a delegate of the first respondent not to grant the applicant a protection visa. The applicant sought review of that decision by application filed in this Court on 26 September 2006. He attended a directions hearing on 2 November 2006. The material in the court file indicates that he had the assistance of a Cantonese interpreter and that he signed consent orders including an order listing the matter for final hearing today at 10.15am before me. An order for the filing of written submissions by the applicant was made. No such submissions were filed.

2. The applicant was not present when the matter was first called today. Nor is he present now, some 20 minutes after the time at which the matter was listed for hearing. I also have before me a copy of a letter sent by the solicitors for the first respondent to the applicant at the address for service provided on his review application. That letter, dated 17 August 2007, enclosed a copy of the first respondent’s submissions and reminded the applicant of the date, time and place at which the matter was listed. It informed him that if he did not attend, the respondent would seek orders that the matter be dismissed and that he pay the Minister’s legal costs of the proceedings.

3. In these circumstances the first respondent seeks that the matter be dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules and seeks costs on the sum of $3,200. I consider that it is 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:  19 October 2007