SZROS v Minister for Immigration

[2013] FCCA 2082

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZROS v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2082

Catchwords:
MIGRATION – No appearance.

Legislation:  
Federal Circuit Court Rules 2001, (Cth), Part 13 Rule 13.03C(1)(c)

Applicant: SZROS

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1245 of 2013

Judgment of: Judge Raphael

Hearing date: 28 November 2013

Date of Last Submission: 28 November 2013

Delivered at: Sydney

Delivered on: 28 November 2013

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: DLA Piper Australia

ORDERS

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

2. Applicants to pay the First Respondent’s costs assessed in the sum of $1,331.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1245 of 2013

SZROS

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter an application was made on 4 June 2013 for the review of a decision of the Refugee Review Tribunal that was handed down on 7 May 2013.  When the applicants completed the application form and handed it to the Registry it was stamped with a date for the first mention in Court 6A at 88 Goulburn Street, Sydney at 9.30 am today.

2. On 19 June 2013 a letter was sent to the applicants from the solicitors for the respondent which also told them that the directions hearing would take place today at 9.30 am today.  The letter stated:

   “If you do not attend, we may seek to have the matter dismissed with costs for non-appearance.”

3. I am advised by Ms Stone, who appears on behalf of the respondents, that when she perceived that the applicants were not present around the court prior to 9.15a.m. she commenced to telephone them at the telephone number listed on the application form but no response was received.  The applicants were not here at 9.15a.m. and they were still not here when the case was called at 10.17a.m.

4. Under those circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001, (Cth) and order that the applicant pays the first respondents costs assessed in the sum of $1,331.00.

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

Associate: 

Date:  5 December 2013