SZOOZ v Minister for Immigration
[2010] FMCA 782
•7 October 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZOOZ v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 782 |
| 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; 16.05 |
| Applicant: | SZOOZ |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1894 of 2010 |
| Judgment of: | Emmett FM |
| Hearing date: | 7 October 2010 |
| Date of Last Submission: | 7 October 2010 |
| Delivered at: | Sydney |
| Delivered on: | 7 October 2010 |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| Solicitors for the Respondents: | Ms L. Buchanan, Australian Government Solicitor |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1894 of 2010
| SZOOZ |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
EX TEMPORE
REASONS FOR JUDGMENT
The first respondent seeks an order that the proceeding commenced by way of application filed on 27 August 2010 be dismissed, pursuant to Rule 13.03C of the Federal Magistrates Court Rules 2001 (Cth), by reason of the failure of the applicant to appear at today’s first Court hearing.
In support of that application, the first respondent tendered a letter, dated 6 September 2010, marked Exhibit 1R on the application, addressed to the applicant at the two addresses provided by the applicant on the application: one being a post office box in Auburn; and the second being an address in Queensland. Inter alia, the letter informs the applicant that, if the applicant does not attend the Court today, the respondent may ask the Court to make orders dismissing the application and requiring the applicant to pay the Minister’s legal costs without further notice.
I note that the application, filed on 27 August 2010, purports to be signed by the applicant and makes clear that the first Court date is today at 10.45am. It is now 11.25am and there has been no appearance for the applicant, nor has there been any contact from the applicant, either to this Court, to my chambers or to the first respondent’s solicitors to seek an adjournment of this morning’s hearing or for any other reason.
Further, I note that the grounds of the application make bare assertions that do not disclose any error capable of review by this Court. They are as follows:
“1. RRT considered my case unfairly. They doubt my claim without substantive evidence.
2. Procedural fairness has been denied by RRT.
3. RRT did not consider my situation in China. I will be put in jail if I go back.”
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 27 August 2010, is dismissed pursuant to Rule 13.03C of the Federal Magistrates Court Rules 2001 (Cth) by reason of the failure of the applicant to appear at today’s first Court date.
I Order that the applicant pay the costs of the first respondent, fixed in the amount of $900. I note that such sum is accordance with the schedule of this Court.
I direct the first respondent to provide to the applicant, at the addresses provided by the applicant on the application, a copy of the orders made this morning, together with a copy of Rule 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
Date: 12 October 2010
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