SZQSW v Minister for Immigration

[2011] FMCA 915

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZQSW v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 915

MIGRATION – Review of decision by Refugee Review Tribunal – Refugee Review Tribunal – non attendance by Applicant at the first court event – dismissal pursuant to Reg 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth).

Migration Act 1958 (Cth), ss.424A, 477
Federal Magistrates Court Rules 2001 (Cth), Regulation 13.03C(1)(c)

Applicant: SZQSW

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2305 of 2011

Judgment of: Emmett FM

Hearing date: 23 November 2011

Date of Last Submission: 23 November 2011

Delivered at: Sydney

Delivered on: 23 November 2011

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondent: Ms Laura Weston (Minter Ellison)

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 2305 of 2011

SZQSW

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

EX TEMPORE

1. The first respondent seeks an order that the proceeding before this court commenced by way of application filed on 4 October 2011 be dismissed by reason of the failure of the applicant to attend today’s scheduled first court date pursuant to rule 1303C(1)(c) of the Federal Magistrates’ Court Rules 2001(Cth).

2. In support of the application the solicitor for the first respondent,

   
   

   Ms Weston, tendered two documents. 

3. The first document is a “Request for Removal from Australia” and that document is marked Exhibit 1R.  The second page of that document has a signed request for removal by the applicant which also states, relevantly, that she wishes to advise the Federal Magistrates Court that she wishes to stop any legal proceeding in the court.

4. The second document is an email from the Client Services Officer of the Transport and Escort Division of SERCO, dated 23 November 2011 and marked Exhibit 2R. I am informed by Ms Weston that the email is addressed to Alexandra Collins and that Alexandra Collins is a solicitor in the employ of Minter Ellison, solicitors, in Canberra.

5. Exhibit 2R states as follows. 

   “This morning, Wednesday 23/11/11 Serco Transport and Escort staff attempted to escort client (the applicant) to Federal Court. Client (the applicant) refused to attend her court appearance indicating that she had purchased an airline ticket home and would not pursue the matter through the court.”

6. I note that the application filed by the applicant on 4 October 2011 clearly identifies today’s date as the first court date.  I further note that the grounds of that application make bare assertions of error and are otherwise unparticularised.

7. In the circumstances I am satisfied that the applicant is aware of today’s hearing and has chosen not to attend.  Accordingly, the order sought by the first respondent is appropriate.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Emmett FM.

Date:  23^rd November 2011