SZKEB v Minister for Immigration

[2007] FMCA 1201

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZKEB v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1201

MIGRATION – Application to review decision of Refugee Review Tribunal – notice of objection to competency – no appearance by Applicant.

Applicant: SZKEB

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG392 of 2007

Judgment of: Barnes FM

Hearing date: 19 July 2007

Delivered at: Sydney

Delivered on: 19 July 2007

REPRESENTATION

Applicant: No Appearance

Counsel for the Respondent: Nil

Solicitors for the Respondent: Australian Government Solicitor

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 shall pay the costs of the first respondent fixed in the sum of $2,500.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 392 of 2007

SZKEB

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a review of a decision of the Refugee Review 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 7 February 2007. The matter came before the Court for directions on 15 March 2007. It is apparent that the applicant attended the directions hearing having signed consent orders in which he consented to the application being listed for a hearing under rule 44.12 of the Federal Magistrates Court Rules at 10:15 on Thursday, 19 July 2007.

2. While this order suggests that the matter was to be listed for a show cause hearing, in fact, as is apparent from the notice of objection to competency filed by the first respondent on 4 July 2007, the matter was listed for the hearing of the notice of objection to competency. 

3. In any event, there was no appearance by the applicant today when the matter was first called. Nor is there any appearance by the applicant now over 20 minutes later. As the applicant was on notice that there would be a hearing today at 10:15, whatever the nature of that hearing, and as he has failed to appear, the first respondent seeks dismissal of his application pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules.

4. In these circumstances I consider that it is appropriate to dismiss the application for non-appearance. If there is an explanation for the applicant’s failure to appear today it is of course always open to the applicant to seek that the orders that I make today be set aside pursuant to Rule 16.05 of the Federal Magistrates Court Rules.

5. The first respondent also seeks costs in the sum of $2,500.  It is appropriate that the applicant meet the costs in that amount.    

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Barnes FM

Associate: 

Date:  26 July 2007