SZRSX v Minister for Immigration

[2017] FCCA 3420

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZRSX & ANOR v MINISTER FOR IMMIGRATION [2017] FCCA 3420

Catchwords:

MIGRATION – Migration Act 1958 (Cth) – protection visa application with two applicants – non-appearance at final hearing by one of the applicants – the applicant who was present in Court not authorized to make submissions or appear on behalf of the absent applicant – application dismissed with costs pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) insofar as it related to the absent applicant.

Legislation:
Migration Act 1958 (Cth)
Federal Circuit Court Rules 2001 (Cth)

First Applicant: SZRSX

Second Applicant: AAG17

Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

File Number: SYG 6 of 2017

Judgment of: Judge Dowdy

Hearing date: 31 August 2017

Delivered at: Sydney

Delivered on: 31 August 2017

REPRESENTATION

No appearance by or for the First Applicant.

The Second Applicant appeared
in person.

Counsel for the Respondent: Mr M. Wiese

Solicitors for the Respondent: Clayton Utz

THE ORDERS OF THE COURT ARE AS FOLLOWS:

1. Pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) the Application in this proceeding insofar as made by the First Applicant is dismissed.

2. Costs in this matter be reserved.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 6 of 2017

SZRSX

First Applicant

AAG17

Second Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Respondent

REASONS FOR JUDGMENT
EX TEMPORE

(REVISED FROM TRANSCRIPT)

1. I am sitting here today to hear the Application for judicial review in this proceeding of the First and Second Applicants. The male Second Applicant has appeared, but the female First Applicant has not. The Second Applicant tells me that he has no authority to appear for the First Applicant and make submissions on her behalf and he does not appear for her today. It is now five minutes to 11 am. The First Applicant has just been called three times outside the Court. She has not appeared. She clearly knew of the hearing today, but has not appeared.

2. In these circumstances, the Minister asks that her Application be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and I think that is a proper order to be made because the First Applicant is an absent party. That is, in my view, a reasonable submission and, accordingly, I order that the Application made by the First Applicant to this Court filed on 3 January 2017 be dismissed and at the request of the Minister, the Respondent, I reserve the question of costs.

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

Date:  29 June 2018