SZSCO v Minister for Immigration
[2013] FMCA 248
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZSCO & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2013] FMCA 248 |
| MIGRATION – Review of Refugee Review Tribunal decision – non appearance of the applicant at hearing. |
| Federal Magistrates Court Rules 2001 (Cth) |
| First Applicant: | SZSCO |
| Second Applicant: | SZSCP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2480 of 2012 |
| Judgment of: | Driver FM |
| Hearing date: | 11 April 2013 |
| Delivered at: | Sydney |
| Delivered on: | 11 April 2013 |
REPRESENTATION
No appearance by or on behalf of the Applicants
| Solicitors for the Respondents: | Ms S Given Minter Ellison |
INTERLOCUTORY ORDERS
The application is dismissed, pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth).
The first applicant is to pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $3,239 in accordance with rule 44.15(1) and item 1(b) of part 2 of schedule 1 to the Federal Magistrates Court Rules 2001 (Cth).
The Court directs that the Minister is to arrange to have these orders entered and the Minister is to cause a sealed copy of these orders to be served on the applicant by ordinary pre-paid post at her nominated address for service, together with a copy of rule 16.05 of the Federal Magistrates Court Rules 2001 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2480 of 2012
| SZSCO |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(revised from transcript)
I have before me a show cause application filed on 30 October 2012 seeking review of a decision of the Refugee Review Tribunal (Tribunal). The Tribunal decision was made on 3 October 2012. The Tribunal affirmed the decision of a delegate of the Minister not to grant the applicants protection visas. There are two applicants, a mother and child. The applicant mother is from Fujian Province in China and claimed religious persecution.
When the matter came before me for first court date directions on 16 November 2012 the first applicant, the applicant mother, appeared in person with the assistance of a Mandarin interpreter. She consented to orders, including order 6 which listed the matter for a show cause hearing before me on 1 February 2013 at 2.15 pm. Subsequently the barrister who had been appointed to advise the applicants under the Minister’s panel advice scheme sought on her behalf a deferral of the hearing date. I made orders in chambers on 20 December 2012 relisting the matter for a show cause hearing today at 2.15pm.
When the matter was called today there was no appearance by or on behalf of the first applicant. There is no explanation for that non-appearance. The matter has been called twice. My deputy associate has also made two attempts to contact the first applicant by telephone on two telephone numbers provided by the applicant and the Minister’s solicitor. Neither attempt was successful.
I will order that the application be dismissed, pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) (Federal Magistrates Court Rules).
On account of the dismissal of the application, the Minister seeks an order for costs in accordance with the Court’s scale. I will order that the first applicant pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $3,239 in accordance with rule 44.15(1) and item 1(b) of part 2 of schedule 1 to the Federal Magistrates Court Rules.
I will further order that the Minister cause the orders made today to be entered and that the Minister is to serve a sealed copy of those orders by ordinary pre-paid post upon the first applicant at her last known address for service, together with a copy of rule 16.05 of the Federal Magistrates Court Rules.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Driver FM
Date: 12 April 2013
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