SZNXE v Minister for Immigration

[2009] FMCA 1017

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNXE & ORS v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 1017

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), r.13.03C(1)(c)

First Applicant: SZNXE

Second Applicant: SZNXF

Third Applicant: SZNXG

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2249 of 2009

Judgment of: Emmett FM

Hearing date: 16 October 2009

Date of Last Submission: 16 October 2009

Delivered at: Sydney

Delivered on: 16 October 2009

REPRESENTATION

There was no appearance by or on behalf of the applicants

Solicitors for the Respondent: Ms E. Warner-Knight

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2249 of 2009

SZNXE

First Applicant

SZNXF

Second Applicant

SZNXG

Third Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the application before this Court, filed on 16 September 2009, seeking judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”), dated

   
   

   28 April 2009, be dismissed by reason of the failure of the applicant to appear at today’s scheduled first Court date. 

2. In support of the application, the first respondent tendered a letter dated 25 September 2009 on Australian Government Solicitor letterhead addressed to the applicant at the applicant’s identified address for service in Australia.  This letter is marked Exhibit 1R.  Exhibit 1R, inter alia, confirms the first Court date this morning to the applicant, gives the applicant the address of the Court and

RECORDED  :  NOT TRANSCRIBED

informs the applicant that, if he fails to attend the scheduled first Court date, the first respondent may ask the Court to make orders dismissing his application and requiring him to pay the first respondent’s legal costs without further notice.  The letter also provided information to the applicant of a list of agencies that provide legal services, together with transcription and translation services.  The letter informed the applicant that, if he did not already have legal representation, the applicant may be eligible to receive free legal advice in accordance with the Court’s Panel Advice Scheme.  The letter directs the applicant to make inquiries of this scheme with the Court registry.

1. I note that the application filed by the applicant on 16 September 2009 appears to be signed by the applicant, is dated 11 September 2009 and clearly has today’s date at 10.00am as the first Court date. 

2. It is now 10.35am.  The applicant has been called outside on three occasions.  I am satisfied that the applicant is aware of this morning’s hearing and for whatever reason has chosen not to attend. 

3. The grounds of the application make bare assertions as follows:

   “1. The Applicant’s case was not considered by the Respondents.

   2. The Respondent have committed jurisdictional error.

   3. The Applicant’s case was not considered under Migration Act.”

4. None of the grounds identify any error capable of review by this Court.  The application was supported by an affidavit of the applicant, sworn/affirmed 11 September 2009, annexing the decision of the Tribunal.  The Tribunal decision record makes clear that the applicant failed to attend the hearing before the Tribunal.

5. Accordingly, the order sought by the first respondent is appropriate.

   RECORDED  :  NOT TRANSCRIBED

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Emmett FM

Deputy Associate:  E. Maconachie

Date:  20 October 2009