SZQCK v Minister for Immigration

[2011] FMCA 616

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZQCK v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 616

MIGRATION – Application to review decision of the Refugee Review Tribunal – no appearance.

Federal Magistrates Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: SZQCK

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 603 of 2011

Judgment of: Barnes FM

Hearing date: 2 August 2011

Delivered at: Sydney

Delivered on: 2 August 2011

REPRESENTATION

Applicant: No Appearance

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. There being no appearance by the applicant the application of 29 March 2011 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules.

2. The applicant pay the costs of the first respondent fixed in the sum of $3,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 603 of 2011

SZQCK

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the first respondent not to grant the applicant a protection visa.  The applicant sought review by application filed in this court on 29 March 2011.  He attended a directions hearing on 21 April 2011, on which date the matter was listed for hearing on 14 July 2011.  It became necessary to change the date and the applicant was notified by letter sent by my associate to the address that he had provided at the directions hearing advising him of the new hearing date and time.  There is no suggestion that the applicant appeared expecting a hearing on 14 July 2011. 

2. Also before me and marked as an exhibit is a copy of a letter sent by the solicitors for the first respondent to the applicant dated 4 July 2011 confirming the new date, time and place of the hearing, enclosing by way of service a copy of the first respondent’s submissions and advising him that if he did not attend today the respondent would seek orders that the matter be dismissed and that he pay the Minister’s legal costs of the proceedings.

3. In these circumstances I am satisfied that the applicant is on notice of the hearing today. There has been no contact that I am aware of from the applicant to the court and no reason provided for his non-appearance today. He was not present at the time at which the matter was listed. Nor is he present now some 20 minutes later. In those circumstances the first respondent seeks that the matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules. I consider that it is appropriate to dismiss the matter on that basis and also to make an order that the applicant pay the first respondent’s costs. The amount sought is appropriate in light of the nature of this and other similar matters.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Barnes FM

Date:  9 August 2011