SZLVB v Minister for Immigration
[2008] FMCA 608
•29 April 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZLVB v MINISTER FOR IMMIGRATION & ANOR | [2008] FMCA 608 |
| MIGRATION – Visa – protection visa – non-appearance by applicants. |
| Federal Magistrates Court Rules2001, r.13.03A |
| Applicant: | SZLVB |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3971 of 2007 |
| Judgment of: | Scarlett FM |
| Hearing date: | 29 April 2008 |
| Date of Last Submission: | 29 April 2008 |
| Delivered at: | Sydney |
| Delivered on: | 29 April 2008 |
REPRESENTATION
| The Applicant: | No Appearance |
| Counsel for the Respondents: | Ms Clegg |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
The Application is dismissed under Rule 13.03A of the Federal Magistrates Court Rules 2001 for non-appearance.
The Applicant is to pay the First Respondent’s costs fixed in the sum of $4300.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3971 of 2007
| SZLVB |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
The applicants, who are two adults and a child, brought an application for review of a decision of the Refugee Review Tribunal.
The application and affidavit in support were filed on Christmas Eve, 24 December 2007.
The application came before the Court on its First Court date, 21 January 2008, at which time the first applicant attended, with the assistance of an interpreter in the Korean language.
I made directions for hearing and listed the matter for final hearing at 2.15pm today, 29 April 2008.
I asked for the services of an interpreter in the Korean language, and an interpreter duly appeared at 2.15 pm.
The applicants have not filed any further documentation. They have not filed any amended application, or any written outline of submissions.
The applicants have not appeared.
The matter was called at 2.20 pm and there was no answer to the call.
I stood the matter down and at 2.42 pm the applicants were then called three times outside the Court. Again there was no answer to the call and no appearance by, or on behalf of, any of the applicants.
I understand that no message has been received at the Court by the applicants, or anyone on their behalf, advising that the applicants have been hindered or delayed or prevented from attending Court.
The counsel for the Minister, Ms Clegg, has told the Court that her instructor telephoned her office to find out if any message had been received from one of the applicants explaining their non-appearance, and she informed me that no message had been received.
The solicitor for the Minister, Ms Palmer, very sensibly wrote to the applicants on 22 April, enclosing a copy of the Minister’s submissions, and importantly, reminding the applicants that the matter was listed for hearing today in this Court. The letter went on to tell the applicants that they were required to attend Court on this occasion, and said “if you do not attend on this occasion the first respondent will seek orders from the Court that your matter be dismissed and that you pay the Minister’s legal costs in the proceedings”.
In my view, this is an appropriate matter to dismiss the application due to the non-appearance of the applicants, under the provisions of r.13.03A of the Federal Magistrates Court Rules 2001.
It is also a suitable matter for costs. The amount sought by the Minister is $4300, inclusive of counsel’s fees. This was an appropriate matter in which to brief counsel, and the figure of $4300 which is sought is well within the scale provided by the Federal Magistrates Court rules.
I note that the third application is an infant, and I do not propose to make a costs order in respect of the third applicant, but I will make an order in respect of the first and second applicants.
I certify that the preceding fifteen (15) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate: A. Coutman
Date: 13 May 2008
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