SZMZG v Minister for Immigration
[2009] FMCA 561
•11 June 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZMZG v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 561 |
| MIGRATION – Review of decision by Refugee Review Tribunal – practice and procedure – dismissal pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 by reason of failure of the applicant to appear. |
| Federal Magistrates Court Rules 2001 r.13.03C(1)(c) |
| Applicant: | SZMZG |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3123 of 2008 |
| Judgment of: | Emmett FM |
| Hearing date: | 11 June 2009 |
| Date of Last Submission: | 11 June 2009 |
| Delivered at: | Sydney |
| Delivered on: | 11 June 2009 |
REPRESENTATION
| No appearance by the applicant |
| Solicitors for the Respondent: | Mr B. May, Australian Government Solicitor |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3123 of 2008
| SZMZG |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
EX TEMPORE
REASONS FOR JUDGMENT
The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 that the proceeding before this Court commenced by way of application filed on 27 November 2008, be dismissed by reason of the failure of the applicant to appear at today's scheduled hearing. In support of the application the first respondent read the affidavit of Brooke Marie Griffin, affirmed 4 June 2009. Ms Griffin's affidavit annexed a copy of a movement record for the applicant that was obtained from a data base maintained by the Department.
The movement record is in the name of the applicant and discloses that on 5 April 2009 the applicant departed Australia at 8.53am. The first respondent also tendered a letter dated 5 June 2009 sent to the applicant at the only address provided by the applicant providing to the applicant a copy of the affidavit and reminding the applicant that the matter was listed for final hearing today. That letter was marked Exhibit 1R.
The letter also informed the applicant that if the applicant did not appear in Court at the hearing today that the first respondent would seek to have the application dismissed without further notice and seek costs of the proceeding. There has been no appearance by or on behalf of the applicant; for the sake of completeness I note that on 1 April 2009 Mr Zipser of counsel filed in Court a notice of appearance. However, Mr Zipser attended Court this morning to seek leave to withdraw his representation of the applicant on the basis that he had been informed from the applicant's migration agent and the first respondent's solicitor that the applicant had departed Australia in early April.
Certainly there has been no communication received from the applicant either by this Court or the first respondent or the first respondent's solicitors. In the circumstances, I am satisfied that the applicant departed Australia on 5 April 2009. In the circumstances, for whatever reason, the applicant has failed to appear at today's scheduled hearing.
The orders sought by the first respondent should be made.
ORDERS DELIVERED
RECORDED : NOT TRANSCRIBED
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Emmett FM
Associate: S. Kwong
Date: 17 June 2009
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