SZQED v Minister for Immigration

[2011] FMCA 591

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZQED v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 591

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant: SZQED

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 802 of 2011

Judgment of: Raphael FM

Hearing date: 22 July 2011

Date of Last Submission: 22 July 2011

Delivered at: Sydney

Delivered on: 22 July 2011

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

2. The Applicant pay the First Respondent’s costs assessed in the sum of $3,620.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 802 of 2011

SZQED

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was made to the court on 28 April 2011 for review of a decision of the Refugee Review Tribunal.  On 12 May the applicant appeared before Registrar Segal together with an interpreter where orders were made including an order that the matter would be listed for hearing at 2.15 pm on 20 July 2011.  On 20 July a person on behalf of the applicant faxed into my chambers a letter which stated:

   “Mr Applicant got sick and cannot attend the hearing today.  He attached his medical certificate.  Sorry for any convenience. 

   Thanks for your attention.

   Best regards

   Zhang.”

2. The accompanying medical certificate was signed by Dr Xiao Hua Lin and read:

   “This is to certify Mr Applicant has URTI and will be unfit for work (patient due for the court matter, he is on Codral which may cause the dizziness) from 20.07.2011 to 20.07.2011 inclusive.”

3. Upon receipt of this document my associated contacted the solicitors for the respondent who indicated that they would consent to an adjournment of the matter on the basis of the medical report filed. The matter was adjourned until today, 22 July. The applicant was informed by telephone by my associate of the new hearing date. He was not present outside the court at 10.15 am and he was still not present when his name was called at 10.30 am. In the circumstances I propose to dismiss the matter for non-appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.

4. I order that the applicant pay the first respondent’s costs which I assess in the sum of $3,620.00.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date:  29 July 2011