SZOHQ v Minister for Immigration
[2010] FMCA 607
•4 August 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOHQ v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 607 |
| 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) |
| Applicant: | SZOHQ |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 717 of 2010 |
| Judgment of: | Emmett FM |
| Hearing date: | 4 August 2010 |
| Date of Last Submission: | 4 August 2010 |
| Delivered at: | Sydney |
| Delivered on: | 4 August 2010 |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| Counsel for the Respondents: | Mr M. Cleary |
| Solicitors for the Respondents: | Ms J. Dinihan, Clayton Utz |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 717 of 2010
| SZOHQ |
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 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) that the proceedings before this Court commenced by way of application filed on 1 April 2010 be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.
I note that the applicant appeared before me on 27 May 2010 with the assistance of an Indonesian interpreter. On that occasion, the applicant was given leave to file and serve an amended application giving complete particulars of each ground of review relied upon by 16 June 2010 on the basis that the grounds of the application made bare assertions unsupported by particulars and which otherwise did not disclose an error capable of review by this Court. The applicant was also directed to file and serve written submission by 18 June 2010.
The applicant elected to participate in the Court’s legal advice scheme. I note that there is information on the Court file from the allocated panel adviser that he had been unable to successfully contact the applicant until 2 August 2010 as the applicant would be in the country with work from 25 June 2010 until 1 August 2010. Yesterday, information was received from the panel adviser’s clerk that the applicant did not attend the scheduled meeting with the panel adviser.
There has been no document filed by the applicant, or on behalf of the applicant, in accordance with the Court’s directions or otherwise. However, on 28 May 2010 the applicant did file a notice of change of address.
At the directions hearing on 27 May 2010, the matter was set down for final hearing on 23 June 2010 at 10.15am in this courtroom before me. I note that on 22 June my chambers relisted the matter for hearing to today at 10.15am. I note that those letters relisting the matter were sent to the applicant at both the addresses provided by the applicant.
It is now 10.35 am. There has been no communication received from the applicant by the Court or by the first respondent’s solicitors seeking an adjournment of today’s hearing or for any other reason. I should note that neither the Court’s letter relisting the matter dated 22 June 2010 nor its letter dated 1 July 2010 were returned to the Court.
In the circumstances, I am satisfied that the applicant was aware of today’s scheduled hearing and for whatever reason has chosen not to attend.
Accordingly, I am satisfied that the orders sought by the first respondent should be made.
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Emmett FM
Associate:
Date: 10 August 2010
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