SZSGV v Minister for Immigration

[2013] FCCA 1477

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSGV v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1477

Catchwords:
MIGRATION – No appearance.

Applicant: SZSGV

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2742 of 2012

Judgment of: Judge Raphael

Hearing date: 19 September 2013

Date of Last Submission: 19 September 2013

Delivered at: Sydney

Delivered on: 19 September 2013

REPRESENTATION

For the Applicant: No Appearance

Solicitors for the Respondent: DLA Piper Australia

ORDERS

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

2. Applicant to pay the First Respondent’s costs assessed in the sum of $4,000.00.

3. Name of the First Respondent be amended to Minister for Immigration and Border Protection.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 2742 of 2012

SZSGV

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The applicant in this matter filed an application with this court on 23 November 2012 seeking a review of a decision of the Refugee Review Tribunal made on 22 October 2012.  The matter was set down for a first directions hearing on 18 April 2013.  The applicant attended that hearing, where he was assisted by an interpreter.  At that hearing the court made various orders including an order that the final hearing of the matter take place today, 19 September 2013, at 10.15am in this court.  On that day the applicant filed a notice of address for service giving an address in Roselands which was different to the address that he had in Lakemba on the application.  On 11 September 2013 the respondent sent to the applicant at the address for service a copy of its outline of submissions and lists of authorities, together with a very clear reminder of the date and place of the hearing.  This letter was returned to the respondent’s solicitors marked with the words:

   ‘This person does not live at this address and never did.’

2. The applicant was not present in court at 10.15am and was not present when his name was called outside the court at 10.35am.  There may be a good reason why the applicant did not appear today.  When he appeared before the Tribunal, he came to the Tribunal with a lengthy story found at [24] CB156-158.  It turned out that that story was, apart from the first four lines or so, an identical copy of a story given to another Refugee Review Tribunal by another applicant.  Not surprisingly, this Tribunal found that the applicant was not a witness of truth and could not support his claim to be a person to whom Australia owed protection obligations.  No doubt the applicant has taken this into account when deciding whether or not to pursue the matter. 

3. 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 applicant pay the respondent’s costs, which I assess in the sum of $4,000.00, and that the name of the first respondent be amended to ‘Minister for Immigration and Border Protection’.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Associate: 

Date:  26 September 2013