SZKLT v Minister for Immigration & Anor
[2007] FMCA 1073
•29 June 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZKLT v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1073 |
| MIGRATION – Persecution – review of Refugee Review Tribunal decision. MIGRATION – Visa – protection visa – refusal. |
| Federal Magistrates Court Rules 2001, r.13.03A |
| Applicant: | SZKLT |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1116 of 2007 |
| Judgment of: | Cameron FM |
| Hearing date: | 29 June 2007 |
| Date of Last Submission: | 29 June 2007 |
| Delivered at: | Sydney |
| Delivered on: | 29 June 2007 |
REPRESENTATION
There was no appearance by the applicant.
| Counsel for the Respondents: | Ms. L. Clegg |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
Pursuant to r.13.03A(c) of the Rules of Court, the application be dismissed.
The applicant pay the first respondent's costs fixed in the amount of $4,500.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1116 of 2007
| SZKLT |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Introduction
It is now shortly after 11am. The matter was called a moment ago and there was no appearance by the applicant. The matter had been listed for hearing this morning at 10.15. At that time I was delivering judgment in another matter and it was not apparent that the applicant was in Court. When the matter was called at 10.30 for commencement there was no appearance by the applicant and the matter was adjourned for half an hour for inquiries to be made.
I am advised by Ms Clegg on behalf of the Minister that during the adjournment contact was made with her instructing solicitors’ office to inquire whether the applicant had contacted them to explain why he was not attending today or for any other reason. I am advised that the applicant has not made contact with the first respondent’s solicitors. My Associate made contact with the registry at Queens Square and the applicant has not presented himself there. The matter has been called at level 7 of the John Maddison Tower and on the ground floor of John Maddison Tower and no response was made by the applicant to those calls. We are currently in Court 6A on level 6 of the John Maddison Tower.
When this matter was listed for its first court date on 23 April 2007 orders were made that this matter be listed for hearing today at 10.15. The applicant was present at that time, consented to the short minutes of order and signed them. A signed copy of those short minutes of order is on the Court file.
The Minister's solicitors wrote to the applicant by letter dated 25 June 2007 serving an unsealed copy of the Minister's outline of submissions and reminded him that the hearing was listed before me at 10.15 today.
Conclusion
Owing to the non-appearance of the applicant, the Minister has sought an order that the proceedings be dismissed pursuant to r.13.03A(c) of the Rules of Court. In circumstances where the applicant was well aware of the hearing date, and given that it is now 50 minutes after the listed time for hearing and he has still not appeared, I am satisfied that it is appropriate to dismiss the proceedings as requested by the Minister, and I will do so.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Cameron FM.
Associate:
Date: 30 July 2007
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