SZRHR v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZRHR v MINISTER FOR IMMIGRATION & ANOR

[2013] FMCA 104

MIGRATION – No appearance.

Applicant:

SZRHR

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 692 of 2012

Judgment of:

Raphael FM

Hearing date:

6 February 2013

Date of Last Submission:

6 February 2013

Delivered at:

Sydney

Delivered on:

6 February 2013

REPRESENTATION

For the Applicant:

No appearance.

Solicitors for the Respondent:

Sparke Helmore

ORDERS

Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $4,200.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 692 of 2012

SZRHR

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

This matter was commenced by application on 29 March 2012. At that time the applicant was represented by a firm of lawyers. On 2 May 2012 the lawyers filed a notice of intention to withdraw. And on 16 May 2012 they filed a notice of withdrawal. On 21 June 2012 I held a directions hearing in the matter which was attended by the applicant and set the case down for hearing on 6 February 2013 at 10.15am. The applicant then engaged another lawyer who filed an amended application on 19 July 2012. On 25 January 2013 the second lawyer filed a notice of intention to withdraw, and on 1 February 2013 filed a notice of withdrawal.
On 29 January 2013 the respondent sent to the applicant, at his last known address for service, a copy of its submissions reminding the applicant that the hearing was set down for today, requiring him to attend court and advising him that if he did not so attend the respondent would seek orders that the matter be dismissed and that he pay the Minister's costs. The applicant was not present in court at 10.15am and was not present when his name was called outside the court at 10.30am. In those circumstances I propose to dismiss the matter pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrate's Court Rules and order that the applicant pay the respondent’s costs assessed in the sum of $4,200.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date: 19 February 2013

CaseChat Overview and Summary

In the case of SZRHR v Minister for Immigration & Anor, the applicant, SZRHR, filed an application against the Minister for Immigration and Citizenship and the Refugee Review Tribunal. The matter was initially brought before the Federal Magistrates Court of Australia in March 2012, with the applicant represented by a legal firm. However, the legal representation withdrew from the case in May 2012. Following a directions hearing in June 2012, a new lawyer was engaged, and an amended application was filed in July 2012. This second lawyer also withdrew from the case in January 2013, resulting in the applicant being unrepresented at the scheduled hearing on 6 February 2013.

The legal issues before the court were whether the application should be dismissed due to the applicant's failure to attend the hearing and whether costs should be awarded to the respondent. The court considered the Federal Magistrates Court Rules, specifically Part 13 Rule 13.03C(1)(c), which allows for the dismissal of a matter when the applicant does not attend the hearing. The court noted that the applicant had been duly served with the respondent's submissions, which included a requirement to attend court and a warning that failure to do so would result in the application being dismissed and the imposition of costs.

The court determined that the applicant's non-attendance at the hearing justified the dismissal of the matter. Furthermore, the court awarded costs to the respondent, assessed at $4,200.00, as provided for under the Federal Magistrates Court Rules. The court's decision was based on the applicant's repeated failure to maintain legal representation and their absence from the scheduled hearing, despite proper notification.

The final orders of the court were that the application be dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules and that the applicant pay the respondent's costs assessed in the sum of $4,200.00. These orders were delivered by Raphael FM on 6 February 2013 and certified as a true copy of the reasons for judgment on 19 February 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established