SZKNK v Minister for Immigration

[2007] FMCA 1088

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZKNK v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1088

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – interlocutory dismissal of show cause application – non appearance by the applicant.

Federal Magistrates Court Rules 2001 (Cth)
Migration Act 1958 (Cth)

Applicant: SZKNK

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG1250 of 2007

Judgment of: Driver FM

Hearing date: 9 July 2007

Delivered at: Sydney

Delivered on: 9 July 2007

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Ms A Nanson
Australian Government Solicitor

INTERLOCUTORY ORDERS

1. The application is dismissed, pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules 2001 (Cth).

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $1,500.

3. The Court directs that the Minister is to arrange to have these orders entered and the Minister is to cause a sealed copy of these orders to be served on the applicant by ordinary pre-paid post at his last known address for service, together with a copy of rule 16.05 of the Federal Magistrates Court Rules 2001 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1250 of 2007

SZKNK

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. I have before me an application under the Migration Act 1958 (Cth) filed on 18 April 2007 seeking review of a decision of the Refugee Review Tribunal (“the Tribunal”). The applicant appeared in person before me on 28 May 2007 and consented to procedural orders, including an order listing the matter for hearing today at 11.15am at John Maddison Tower. I recall explaining to the applicant the need for him to attend Court at John Maddison Tower rather than at Queens Square.

2. The applicant has not appeared at today’s hearing and there is no explanation for his non-attendance.  The matter has been called three times, on each occasion there has been no appearance.  On the third occasion the applicant was called by name.  In addition, Exhibit R1 is a letter to the applicant at his address for service dated 5 June 2007 from the Minister’s solicitors reminding him of the need to attend Court at John Maddison Tower today at 11.15am.

3. In the circumstances I have decided to dismiss the application on account of the applicant’s non-appearance pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules 2001 (Cth) (“the Federal Magistrates Court Rules”). I so order.

4. The application having been dismissed, costs should follow the event.  The Minister seeks costs fixed in the sum of $1,500.  The scale costs in this instance would be $2,500.  I accept that costs of not less than $1,500 have been reasonably and properly incurred on behalf of the Minister and assessed on a party and party basis.  I will order that the applicant pay the first respondent’s costs and disbursements of and incidental to the application, fixed in that amount.

5. I will further direct that the Minister arrange to have the orders made today entered and that the Minister cause a sealed copy of those orders to be served on the applicant by ordinary pre-paid post to his last known address for service, together with a copy of rule 16.05 of the Federal Magistrates Court Rules.

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

Associate: 

Date:  11 July 2007