SZRBJ v Minister for Immigration & Border Protection

[2014] FCCA 779

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZRBJ v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 779

Catchwords:
MIGRATION – PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation: 

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

Applicant: SZRBJ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3263 of 2013

Judgment of: Judge Emmett

Hearing date: 15 April 2014

Date of Last Submission: 15 April 2014

Delivered at: Sydney

Delivered on: 15 April 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondent: Mr Weiss (Clayton Utz)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3263 of 2013

SZRBJ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 30 December 2013, be dismissed, pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”), by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. The applicant’s application seeking judicial review of a decision of the Refugee Review Tribunal, dated 29 November 2013, was filed on 30 December 2013 and appears to be signed by the applicant. The application clearly states the time, date and location of today’s first court date and also informs the applicant that orders may be made against him if he fails to attend. 

3. The matter was listed for hearing at 11.00am.  It is now 11.20am.  The matter has been called outside on at least two occasions, the most recent being less than five minutes ago. 

4. There has been no appearance by or on behalf of the applicant.  There has been no communication received by the Court or the first respondent, from the applicant or anyone on behalf of the applicant, seeking an adjournment of today’s hearing or for any other reason.

5. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and for whatever reason has chosen not to attend.

6. In the circumstances, the orders sought by the first respondent are appropriate and, accordingly, the proceedings before this Court, commenced by way of application filed on 30 December 2013, should be dismissed.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Emmett.

Associate: 

Date:  28 April 2014