SZRHO v Minister for Immigration
[2012] FMCA 761
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZRHO & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2012] FMCA 761 |
| MIGRATION – Review of decision of Refugee Review Tribunal – no appearance by or on behalf of the applicants at the scheduled hearing or the hearing of the application for reinstatement – application dismissed. |
| Federal Magistrates Court Rules 2001 (Cth), r.13.01C(1)(c) |
| SZRHO & Anor v Minister for Immigration & Anor [2012] FMCA 458 |
| First Applicant: | SZRHO |
| Second Applicant: | SZRHP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 675 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 22 August 2012 |
| Date of Last Submission: | 22 August 2012 |
| Delivered at: | Sydney |
| Delivered on: | 22 August 2012 |
REPRESENTATION
| No appearance by or on behalf of the applicants |
| Appearing for the Respondent: | Ms N. Johnson |
| Solicitors for the Respondent: | Sparke Helmore Lawyers |
ORDERS
The Application in a Case filed on 5 June 2012 is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the failure of the applicants to attend today’s scheduled hearing.
The applicants pay the costs of the first respondent fixed in the amount of $800.
The applicants pay the order for costs made by the Court on 24 May 2012 and the order for costs made today within 28 days.
No further document or application be accepted for filing from the applicants without leave of the Court.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 675 of 2012
| SZRHO |
First Applicant
| SZRHP |
Second Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Ex Tempore; Revised from Transcript)
The first respondent seeks an order that the proceeding before this Court be dismissed, once again, pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the applicants’ failure to attend today’s hearing of the application in a case filed by the applicants on 5 June 2012, seeking to set aside orders made by me on 24 May 2012 dismissing the applicants’ proceeding for the applicants’ failure to appear at the scheduled hearing.
The application in a case that was filed on 5 June 2012 was given a return date of 22 June 2012. However, I note that on 20 June 2012 my Chambers wrote to the first named applicant at both the post office box address and the residential address provided by the applicants on the applicants’ initiating application filed 28 March 2012. Those letters informed the applicants that the hearing of the application in a case, filed on 5 June 2012, had been relisted for hearing today at 10.15am.
It is now 11.42am. The applicants have been called outside on several occasions. There has been no appearance by the applicants. There has been no communication received by the Court or the first respondent’s solicitors from the applicants seeking any adjournment of today’s scheduled hearing.
In particular, I note that the applicants failed to appear at the scheduled directions hearing on 24 May 2012. On that occasion, the proceeding was dismissed and the applicants ordered to pay the costs of the first respondent fixed in the amount of $3100 (see SZRHO & Anor v Minister for Immigration & Anor [2012] FMCA 458). To date, those costs remain unpaid.
The first respondent seeks costs of this morning’s hearing, fixed in the amount of $800. Those costs also ought be met by the applicants.
It is of some concern to the Court that the Court’s processes appear to be being ignored by the applicants. The applicants enlivened the jurisdiction of the Court by filing the initiating application on 28 March 2012. The applicants then failed to attend the first return date on 15 May 2012, at which time the matter was stood over to 24 May 2012. As stated above, the applicants’ proceeding was dismissed on that occasion. A copy of the orders was sent to the applicant, together with a copy of the reasons for dismissal given by me on 24 May 2012.
As stated above, the applicants then filed the application in a case on 5 June 2012. The applicants have failed to appear at today’s hearing. In the circumstances, the applicants have failed to attend every Court event scheduled since 28 May 2012.
I am satisfied that the applicants were notified of today’s scheduled hearing and, for whatever reason, have chosen not to attend.
In the circumstances, I am satisfied that the order sought by the first respondent should be made.
In light of the applicants’ conduct, in my view, the applicants should require the leave of the Court before any further document is filed on behalf of the applicants in this proceeding.
I certify that the preceding ten (10) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 29 August 2012
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