SZRPN v Minister for Immigration
[2013] FMCA 141
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZRPN v MINISTER FOR IMMIGRATION & ANOR | [2013] FMCA 141 |
| MIGRATION – Refugee Review Tribunal. 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 Magistrates Court Rules 2001 (Cth). |
| Federal Magistrates Court Rules 2001 (Cth) rr.9.03, 13.03C |
| Applicant: | SZRPN |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 1432 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 27 February 2013 |
| Date of Last Submission: | 27 February 2013 |
| Delivered at: | Sydney |
| Delivered on: | 27 February 2013 |
REPRESENTATION
| No appearance by or on behalf of the applicant |
| Counsel for the Respondents: | Mr P Knowles |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
The proceeding before this Court, commenced by way of application filed on 29 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 applicant to attend today’s hearing.
The applicant pay the costs of the first respondent fixed in the amount of $5,500.
NOTE: The application for costs is in accordance with the relevant schedule in the Federal Magistrates Court Rules 2001 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1432 of 2012
| SZRPN |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
EX TEMPORE
The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 29 June 2012, be dismissed pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the applicant’s failure to attend today’s scheduled hearing.
In support of the application, the first respondent’s counsel, Mr Knowles, tendered a letter dated 19 February 2013, marked Exhibit 1R from the first respondent’s instructing solicitors, addressed to the applicant, enclosing the first respondent’s submissions.
I note that Exhibit 1R also provided to the applicant the details of today’s hearing and advised him that if he did not attend the hearing, that the first respondent may seek to have his matter dismissed with costs. I note from the Court file that, on 11 February 2013, the applicant’s solicitor filed a Notice of Intention to Withdraw as a Lawyer. That notice provided a notice of address for service for the applicant and also correctly identified today, 27 February 2013, 10:15am and Level 12, 80 William Street, Sydney, as the hearing of the applicant’s matter.
On 19 February 2013, the applicant’s solicitor filed a Notice of Withdrawal as Lawyer, confirming that the Notice of Intention to Withdraw as a Lawyer had been served on the applicant at least seven days prior to the filing of the Notice of Withdrawal as a Lawyer, and that the Notice of Withdrawal as a Lawyer otherwise complies with the rules of this Court, being r.9.03 of the Federal Magistrates Court Rules 2001 (Cth).
On 15 August 2012, the applicant attended a directions hearing before me. The applicant was represented at that directions hearing by Mr Jones, solicitor. On that occasion, the applicant was directed to file and serve any additional evidence by way of affidavit, including any transcripts of any Tribunal hearing, by 10 October 2012. The applicant was also directed to file and serve written submissions 14 days before today’s hearing and the matter was set down for hearing today at 10.15am in this Courtroom.
The applicant has been called on at least two occasions this morning, the last being at 10.50am. The orders made on 15 August 2012 clearly identify the time, date and place of today’s hearing. There has been no communication received from the applicant, either to the respondent’s solicitors or to the Court seeking an adjournment of today’s hearing, or for any other reason. I further note that there has been no document filed by or on behalf of the applicant in accordance with the directions made by me on 15 August 2012 or indeed any document filed at any time.
In the circumstances, I am satisfied that the applicant is aware or should be aware of today’s hearing and for whatever reason has chosen not to attend. In the circumstances, the orders sought by the first respondent are appropriate and, accordingly, the proceeding before this Court, commenced by way of application filed on 29 June 2012, should be dismissed.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Emmett FM
Deputy Associate:
Date: 1 March 2013
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