SZLJW v Minister for Immigration
[2008] FMCA 341
•3 March 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLJW & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 341 |
| MIGRATION – Visa – protection visa – Refugee review Tribunal – application for review of RRT decision affirming decision of a delegate of the Minister refusing to grant a protection visa – where applicant did not attend Federal Magistrates Court hearing – no reviewable error. |
| Migration Act 1958 (Cth) s.476 Federal Magistrates Court Rules 2001 R.13.03A |
| First Applicant: | SZLJW |
| Second Applicant: | SZLJX |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2991 of 2007 |
| Judgment of: | Scarlett FM |
| Hearing date: | 3 March 2008 |
| Date of Last Submission: | 3 March 2008 |
| Delivered at: | Sydney |
| Delivered on: | 3 March 2008 |
REPRESENTATION
| The Applicant: | In person |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
The Application is dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 for non-appearance of the Applicant on the hearing date.
The First and Second Applicants are to pay the First Respondents costs fixed in the sum of $2600.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2991 of 2007
| SZLJW |
First Applicant
| SZLJX |
Second Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The applicants have asked the Court to review a decision of the Refugee Review Tribunal affirming the decisions of a delegate of the Minister not to grant them protection (Class XA) visas. The decision was signed on 27 August and handed down on 13 September 2007.
The applicants commenced proceedings in this Court by means of an application and affidavit filed on 27 September 2007. On 23 October 2007 the applicants were listed for hearing on 25 March 2008. That date had to be changed due to judicial unavailability. However, the matter was re-listed on 25 February for the purpose of setting a fresh hearing date. The first applicant appeared in person and the application was listed for hearing at 2.30 p.m. on 28 February 2008.
The applicants did not attend; they sent a faxed message to the Court. The first applicant saying:
Yesterday I could not get a seat on the bus for Sydney and because of that I could not come to Sydney to attend the hearing today. I would be grateful if you could extend the hearing for any day next week.
The solicitors for the Minister agreed to an adjournment and the application was listed for hearing at 2.30 pm today. The applicants were informed of that change of date by letter forwarded by Express Post on 28 February 2008. The first applicant was also informed by telephone. Neither applicant has attended Court today. The applicants were called at 2.47 p.m. and again at 3.06 p.m. There was no answer to the call and no message has been received from either applicant.
I am now asked to dismiss the applicant for non-attendance under the provisions of Rule 13.03A of the Federal Magistrates' Court Rules. I propose to do that. This is also a matter where costs would be considered.
The application is dismissed with costs.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate: A. Coutman
Date: 18 March 2008
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