SZRQW v Minister for Immigration

[2013] FCCA 586

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZRQW v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 586

Catchwords:
MIGRATION – Refugee Review Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to reg.13.03c(1)(c) of the Federal Circuit Court Rules 2001 (Cth) – applicant deported.

Legislation:  

Federal Circuit Court Rules2001 (Cth) reg.13.03C

Applicant: SZRQW

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 847 of 2013

Judgment of: Judge Emmett

Hearing date: 14 June 2013

Date of Last Submission: 14 June 2013

Delivered at: Sydney

Delivered on: 14 June 2013

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondent: Ms Bernadette Rayment
(Sparke Helmore Lawyers)

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 847 of 2013

SZRQW

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION 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 23 April 2013, be dismissed pursuant to reg.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the failure of the applicant to attend today’s first court date.

2. In support of the application, the solicitor for the first respondent, Ms Rayment, read an affidavit sworn by her on 13 May 2013.  The substance of the affidavit is to the effect that the applicant was removed from Australia on 7 May 2013 at 6.35 pm.  I accept that evidence.

3. In any event, I note that the first court date was set down for today at 11:00 am.  It is now 11.12 am.  The matter has been called outside and there is no appearance for the applicant. 

4. In the circumstances, I am satisfied that the orders sought by the first respondent are appropriate.

5. Accordingly, the proceeding before this court commenced by way of application filed on 23 April 2013 is dismissed with costs.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  26 June 2013