SZNMY v Minister for Immigration
[2009] FMCA 444
•11 May 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZNMY v MINISTER FOR IMMIGRATION & ANOR | [2009] FMCA 444 |
| MIGRATION – 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 (Cth), rr.13.03C(1)(c), 16.05 |
| Applicant: | SZNMY |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 955 of 2009 |
| Judgment of: | Emmett FM |
| Hearing date: | 11 May 2009 |
| Date of Last Submission: | 11 May 2009 |
| Delivered at: | Sydney |
| Delivered on: | 11 May 2009 |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| Solicitor for the Respondents: | Ms L. Weston, DLA Phillips Fox |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 955 of 2009
| SZNMY |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The first respondent seeks an order that the proceeding commenced by way of application filed on 23 April 2009 be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 by reason of the failure of the applicant to appear at the directions hearing this afternoon.
In support of the application the first respondent tenders two letters, each addressed to the applicant at the two addresses provided by the applicant on the application filed on 23 April 2009. One address is at Burwood in New South Wales, the other is at Preston in Victoria. Each of the letters notes that the matter has been listed in this court for directions hearing today at 2.15pm and informs the applicant that if the applicant does not attend this afternoon the first respondent may seek to have the matter dismissed with costs for non-appearance. Those letters together will be Exhibit 1R on the application.
It is now 3.04pm and the applicant has been called on at least three occasions outside the Court; the last less than five minutes ago. The application is purportedly signed by the applicant and dated 22 April 2009. The application clearly identifies the first Court date as 2.15pm Monday, 11 May 2009, which is today.
In the circumstances, I am satisfied that the applicant was aware of this afternoon's first Court date hearing and for whatever reason has chosen not to attend. In the circumstances, the order sought by the first respondent is appropriate.
The First Respondent is directed to provide forthwith to the applicant, at the applicant’s address for service, a copy of these Orders together with a copy of Rule 16.05 of the Federal Magistrates Court Rules 2001.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Emmett FM
Deputy Associate: E. Maconachie
Date: 13 May 2009
0
0
1