SZLKC v Minister for Immigration

[2008] FMCA 279

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZLKC v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 279

MIGRATION – Review of decision of Refugee Review Tribunal – no appearance before the Court – application dismissed for non-appearance.

Federal Magistrates Court Rules 2001, rr.13.03A(c), 16.05

Applicant: SZLKC

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3003 of 2007

Judgment of: Nicholls FM

Hearing date: 22 February 2008

Date of Last Submission: 22 February 2008

Delivered at: Sydney

Delivered on: 22 February 2008

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Appearance for the Respondents: Ms E Warner-Knight

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application made on 27 September 2007 is dismissed.

2. The applicant pay the first respondent’s costs set in the amount of $4,000.

3. Within seven (7) days the first respondent’s solicitors write to the applicant at the address for service notifying the applicant of the orders made today and of the effect of rule16.05.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3003 of 2007

SZLKC

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex tempore; Revised from Transcript)

1. I note that an application has been made to dismiss the application before the Court.  The applicant did not appear when the matter was called outside this Court at 9.30am, which was the scheduled time for the hearing.  The applicant did not appear when the matter was called again at 9.47am . 

2. I note from the Court file that the applicant appeared at the first court date in this matter on 17 October 2007.  She was assisted by an interpreter in the Indonesian language at that time.  The applicant signed short minutes of order, or draft orders, which subsequently became orders of the Court.  Amongst other things, Order 12 was that the matter be set down for final hearing on Friday 22 February 2008 at 9.30am at Court 7A, Level 7, John Maddison Tower, 88 Goulburn Street, Sydney, before me. 

3. I note also the respondent's Exhibit 1, and the letter from the first respondent’s solicitors to the applicant, which was sent to her address for service, notifying the applicant of the hearing, and reminding the applicant of the time, date and place of the hearing.  I am satisfied that the applicant has had notice that the final hearing in relation to her application was to have taken place today, at 9.30am.  There has been no appearance.  I now note again that it is now over 20 minutes past the scheduled time for the hearing.  Again, there is no appearance by the applicant. 

4. In all those circumstances, it is appropriate that the application be dismissed for want of appearance by the applicant.  I will make that order accordingly. 

5. The Minister’s representatives have also sought that I make an order for costs.  In all the circumstances, it is appropriate that a costs order be made.  There is nothing before the Court to argue against the making of such an order.  As to the amount sought, $4000, and with guidance from the relevant schedule to the rules of this Court, noted for the record today, matters that the applicant would need to address before the Court at that future time. 

6. It is fair to the Minister that I put those observations on the record so that the Minister’s representative, should the need arise, be on notice that they are issues that the applicant will need to address.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Nicholls FM

Associate: 

Date:  17 March 2008