SZMPV v Minister for Immigration

[2008] FMCA 1727

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZMPV v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 1727

MIGRATION – Where applicant informed of revised hearing details by post but failed to appear.

Federal Magistrates Court Rules 2001, r.13.03C(1)(c)

Applicant: SZMPV

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2064 of 2008

Judgment of: Raphael FM

Hearing date: 22 December 2008

Delivered at: Sydney

Delivered on: 22 December 2008

REPRESENTATION

For the Applicant: In person

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed pursuant to r. 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $3,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2064 of 2008

SZMPV

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant filed an application for review of a decision of the Refugee Review Tribunal with this Court on 11 August 2008.  On 28 August 2008, with the assistance of an interpreter, he attended a directions hearing before Registrar Ng and the matter was set down for hearing today, originally at 2.15 pm. 

2. On 11 December 2008 the Court wrote to the applicant advising him that the hearing would commence at 11.45 am on 22 December 2008.  The address to which the letter was sent was the address on the affidavit filed with the application and on the application itself.  The applicant was not in Court at 11.45 am and was still not in attendance when his name was called outside at 11.57 am.

3. I note that the application is for review of a decision of the Tribunal that it did not have jurisdiction to entertain the application for review of the delegate's decision because the application for review had been submitted out of time.  I note that the Tribunal gave the applicant some extensions of time for the purposes of providing proof to the Tribunal that he had faxed an application to the Tribunal on the last day available but that he did not provide such information to it.  The Tribunal found that it had no jurisdiction to hear the review.

4. In the circumstances I propose to dismiss this application pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate: 

Date:  12 January 2008