SZKST v Minister for Immigration

[2007] FMCA 1608

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZKST v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1608

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of RRT decision affirming a decision of a delegate of the Minister refusing to grant a protection visa – applicant is a citizen of the People's Republic of China – applicant failed to attend RRT hearing – applicant failed to attend Federal Magistrates Court hearing.

Federal Magistrates Court Rules 2001, r.13.03A(c)

Applicant: SZKST

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1762 of 2007

Judgment of: Scarlett FM

Hearing date: 5 September 2007

Date of Last Submission: 5 September 2007

Delivered at: Sydney

Delivered on: 5 September 2007

REPRESENTATION

The Applicant: No appearance

Solicitors for the Applicant: Nil

Solicitors for the Respondents: Ms D. Watson

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application is dismissed pursuant to Rule 13.03A(c) due to the non-appearance by the applicant at Court.

2. The applicant is to pay the first respondent’s costs fixed in the sum of $4,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1762 of 2007

SZKST

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

Application

1. The applicant who is a citizen of the Peoples Republic of China asks the Court to set aside a decision of the Refugee Review Tribunal made on 29^th January 1999.  He also asks for an order remitting his application for a protection visa to the Refugee Review Tribunal for consideration according to law.

2. The application was filed on 5^th June 2007 and came before the Court on a first Court date listing on Monday, 2^nd July.  On that date the applicant attended with the assistance of an interpreter in the Mandarin language.  Directions were made by consent for the application to be listed for final hearing before me at 2:15 pm today.  I ordered a Mandarin interpreter for the assistance of the Court at the hearing and the interpreter has attended and is currently present in Court. 

3. No amended application or submissions have been filed by the applicant or by anyone on the applicant's behalf.

4. The matter was for hearing at 2:15 pm.  The applicant was called at 22 minutes past the hour and there was no attendance.  I stood the matter down, bearing in mind that there are currently some traffic delays in Sydney due to the forthcoming APEC Conference, and called the matter again at 2:47 pm.  The applicant was called three times outside the Court room but there was no answer to the call. 

   
   

   No message has been received from the applicant or anyone on the applicant's behalf indicating that the applicant has been in any way prevented, hindered or delayed from attending Court today through illness, injury or any other circumstance.  There is no message received to indicate that the applicant mistakenly went to the Court complex at Queen Square, which does happen from time to time. 

5. I am also advised by Ms Watson who appears for the Minister that on 3^rd September a copy of the Minister's submissions was forwarded to the applicant at his last known address.  All of this seems to have been of no avail because the applicant has just not attended Court.

6. I am asked to dismiss the application under the provisions of r.13.03A(c) of the Federal Magistrates Court Rules, due to the

   
   

   non-attendance of the Applicant at the hearing and I propose to do so. 

7. I will also order that the Applicant should pay the first respondent's costs which are fixed in the sum of $4,000.00.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Scarlett FM

Associate:  S.Polley

Date:  17 September 2007