SZQAY v Minister for Immigration
[2011] FMCA 377
•20 May 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZQAY v MINISTER FOR IMMIGRATION & ANOR | [2011] FMCA 377 |
| MIGRATION – PRACTICE & PROCEDURE – Refugee Review Tribunal – failure to appear by Applicant at scheduled hearing – dismissal pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). |
| Migration Act 1958 (Cth), s.65(1) Federal Magistrates Court Rules 2001 (Cth), Reg.13.03C(1)(c) |
| Applicant: | SZQAY |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 490 of 2011 |
| Judgment of: | Emmett FM |
| Hearing date: | 20 May 2011 |
| Date of Last Submission: | 20 May 2011 |
| Delivered at: | Sydney |
| Delivered on: | 20 May 2011 |
REPRESENTATION
| No appearance by the Applicant |
| Solicitors for the Respondents: | Ms N Johnson (Sparke Helmore) |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 490 of 2011
| SZQAY |
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 proceeding before this Court, commenced by way of application filed on 18 March 2011 seeking judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) dated 18 February 2011, be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.
The applicant appeared at a directions hearing before me on 6 April 2011. 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 4 May 2011. The applicant was also directed to file and serve any evidence by way of affidavit by 4 May 2011, including any transcript of the hearing before the Tribunal. The applicant was also directed to file and serve written submissions in support of her application by 6 May 2011. The matter was then set down for hearing for this morning at 10.15am before me. The address of the Court is given in bold in the Order provided to the applicant. The Orders were interpreted for the applicant at the directions hearing and a copy of those Orders provided to the applicant together with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. The directions also informed the applicant that if she did not attend any scheduled Court event, her proceeding may be dismissed without further notice.
There has been no document filed by, or on behalf of, the applicant either in accordance with those directions or otherwise in respect of material to support her application. The applicant did, however, file a notice of change of address on 28 April 2011 which confirmed her address for service as the same as on her application and added a new postal address.
In support of the application this morning, the first respondent’s solicitor, Ms Johnson, tendered a letter dated 9 May 2011 from the first respondent’s solicitor addressed to the applicant at the address for service. I note that the letter was sent by express post and has a registered number. That document was marked Exhibit 1R on the first respondent’s application this morning. Exhibit 1R enclosed the first respondent’s submissions and informed the applicant that the matter was listed for final hearing today at 10:15am. The letter gave the address of the Court and further informed the applicant that if she did not attend, the first respondent would seek orders that her proceeding be dismissed with costs.
It is now 10:28am and there has been no appearance by the applicant. The matter has been called outside on at least two occasions, the last occasion being less than five minutes ago. There has been no communication received by this Court or by the first respondent from the applicant seeking any adjournment of today’s hearing or for any other reason. In the circumstances, I am satisfied on the material and evidence before me that the applicant was aware of today’s scheduled hearing and for whatever reason has chosen not to attend.
I am satisfied that the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application filed on 18 March 2011 should be dismissed with costs.
RECORDED : NOT TRANSCRIBED
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 25 May 2011
0
0
2