SZJXS v Minister for Immigration
[2007] FMCA 1269
•19 July 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJXS v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1269 |
| 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: | SZJXS |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG3895 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: | Mr J. Mitchell |
| Solicitors for the Respondent: | Ms Z. McDonald, DLA Philips Fox |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG3895 of 2006
| SZJXS |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The first respondent seeks an order dismissing the proceeding before the Court this afternoon commenced by way of application filed on 22 December 2006, pursuant to r.13.03A(c) of the Federal Magistrates Court Rules 2001 on the basis that the applicant has failed to appear at this afternoon’s scheduled hearing.
The applicant attended a directions hearing before this Court on 15 February 2007, at which time the applicant was given leave to file and serve an amended application and any further evidence by 26 April 2007 and was directed to file and serve submissions 14 days before the hearing. On that occasion, the matter was set down for final hearing on 7 August 2007.
On the 29 June 2007, a letter was sent from my Chambers to the applicant at each of the addresses identified by the applicant on the applicant’s application, one being the applicant’s residential address and the other being the address for receiving mail, informing the applicant that the matter had been rescheduled for hearing this afternoon.
It is now 3.45pm. The matter was scheduled for 2.15pm. The applicant has been called on at least three occasions and there has been no appearance for or on behalf of the applicant.
The first respondent reads the affidavit of Alison Nina Faron, affirmed 17 July 2007, which, inter alia, annexes letters sent to the applicant enclosing by way of service the first respondent’s outline of submissions. I note that those submissions were also sent to the applicant at both addresses identified by the applicant.
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.
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.
Accordingly, the proceeding before this Court, commenced by way of application filed on, 22 December 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
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