SZSEG v Minister for Immigration

[2013] FCCA 1289

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSEG v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1289

Catchwords:
MIGRATION – No appearance.

Legislation:  

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: SZSEG

First Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2608 of 2012

Judgment of: Judge Raphael

Hearing date: 29 August 2013

Date of Last Submission: 29 August 2013

Delivered at: Sydney

Delivered on: 29 August 2013

REPRESENTATION

For the Applicant: No appearance

Solicitors for the First Respondent: Minter Ellison

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03(C(1)(c) of the Federal Circuit Court Rules 2001.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $5000.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 2608 of 2012

SZSEG

Applicant

And

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant sought review of a decision of the Refugee Review Tribunal by filing an application on 12 November 2012.  She appeared at a directions hearing on 14 February 2013 when she was given leave to file an amended application and was informed that the hearing would be on 29 August 2013.  On 20 June 2013 she was advised that the hearing would take place at 9.30 am today and not at 10.15 am. 

2. On 22 August she was written to by the respondents, serving her with a copy of the Minister’s written submissions and also telling her that the hearing was today at 9.30 am. She was not in court at 9.30a.m. and she was still not in court when her name was called outside at 9.45.a.m. In those circumstances I propose to make an order dismissing the application pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

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

Associate: 

Date:  6 September 2013