SZSDN v Minister for Immigration

[2013] FCCA 1710

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSDN v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1710

Catchwords:
MIGRATION – No appearance.

Applicant: SZSDN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 92 of 2013

Judgment of: Judge Raphael  

Hearing date: 21 October 2013

Date of Last Submission: 21 October 2013

Delivered at: Sydney

Delivered on: 21 October 2013

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: DLA Piper Australia

ORDERS

1. Application dismissed in accordance with Part 13 Rule 13.03(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. Applicant to pay the First Respondent’s costs assessed in the sum of $4,200.00.

3. The name of the First Respondent be changed to ‘Minister for Immigration and Border Protection’.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 92 of 2013

SZSDN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was commenced by application dated 18 January 2013.  On 1 August 2013 the applicant appeared in person, with the aid of an interpreter, at a directions hearing at which the case was set down for hearing today at 10.15am.  The applicant was provided with assistance under the Minister’s scheme.  The applicant has not responded to any of the orders made on 1 August 2013 by filing an amended application or submissions.

2. On 11 October 2013 the applicant was served, at two addresses, with details of the respondent’s submissions and a reminder of the date, time and place of the hearing. The applicant was not in attendance at 10.15am and was not in attendance when her name was called outside the court at 10.30am. In those circumstances, I propose to dismiss the matter pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth). I order that the respondent pay the applicant’s costs assessed in the sum of $4,200.00. And that the name of the first respondent be amended to ‘Minister for Immigration and Border Protection’.

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

Associate: 

Date:  24 October 2013