SZODU v Minister for Immigration
[2010] FMCA 159
•3 March 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZODU v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 159 |
| 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: | SZODU |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 276 of 2010 |
| Judgment of: | Emmett FM |
| Hearing date: | 3 March 2010 |
| Date of Last Submission: | 3 March 2010 |
| Delivered at: | Sydney |
| Delivered on: | 3 March 2010 |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| Solicitors for the Respondent: | Ms K. Whittemore, Sparke Helmore |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 276 of 2010
| SZODU |
Applicant
and
| MINISTER OF IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Ex tempore)
The first respondent seeks an order that the application filed in this court on 12 February 2010 be dismissed by reason of the applicant’s failure to appear at today’s scheduled first Court date. I note from the application that it would appear that the applicant has signed the application. The date for the first Court date is clearly expressed on the application to be today, 3 March 2010 at 2.00pm.
At 2.05pm a letter was received by my chambers from a person claiming to be the applicant. It is in the following terms:
“I have a hearing at 2pm on 03/03/12010, but I did not know that until I gave a friend of my Wendy, who can speak English, on the same day at about 1:30pm.
When I lodge the application on 12/02/2010, there was a problem in the court system, so I receive all the document, at about 20/02/10, but I can not understand any English, so I need to wait for my friend to come over & have a look for me.
Now I am working at near chatswood today. I don’t think I can make it.
Would I be able to have another hearing on other day please, or if you need me I will come by train now, it might take about 1 hour.
Thank you, very much.”
I am also informed by the solicitor for the first respondent that she received a message from the applicant sometime this afternoon, at about 2.05pm that the applicant would be unable to appear at today’s hearing because she is working in Chatswood. I am not presently aware of the visa which presently applies to the applicant or the conditions of that visa.
It is the applicant’s responsibility to ensure that she is able to attend any scheduled Court event. It is the applicant who has chosen to file an application seeking orders of this Court and enlivening the Court’s jurisdiction. I do not regard the information in the applicant’s letter as a satisfactory explanation as to why the applicant is unable to appear at Court this afternoon.
I have also had regard to the grounds of the application. They are expressed as follows:
“1. The Tribunal did not accept the (sic) I am face a real chance of persecution for reasons of imputed underground Christian, a Roman Catholic or anti government political opinion should I return to China now or in the foreseeable future. The Tribunal made error in this finding.
2. The Tribunal is not satisfied that I am a person to whom Australia has protection obligations under Refugees Convention. The Tribunal did not refer to any independent information for the consideration of my application. The Tribunal failed to carry out its statutory duty.”
The grounds do no more but appear to disagree with findings made by the Refugee Review Tribunal. They make bare assertions without identifying any error capable of review by this Court.
The applicant was clearly aware of the scheduled Court event this afternoon. In the circumstances, I am satisfied that the order sought by the first respondent is appropriate.
Accordingly, the proceeding before this Court commenced by way of application filed on 12 February 2010 is dismissed with costs. I direct the first respondent to notify the applicant forthwith of the Orders made this afternoon and to provide to the applicant a copy of r.16.05 of the Federal Magistrates Court Rules 2001 (Cth).
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Emmett FM
Deputy Associate: E. Maconachie
Date: 11 March 2010
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