SZSLC v Minister for Immigration
[2013] FMCA 200
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZSLC v MINISTER FOR IMMIGRATION & ANOR | [2013] FMCA 200 |
| MIGRATION – Refugee Review Tribunal. PRACTICE & PROCEDURE – no appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). |
| Federal Magistrates Court Rules 2009 (Cth) r. 13.03C |
| Applicant: | SZSLC |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 3061 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 15 March 2013 |
| Date of Last Submission: | 15 March 2013 |
| Delivered at: | Sydney |
| Delivered on: | 15 March 2013 |
REPRESENTATION
| No appearance by or on behalf of the applicant |
| Solicitors for the Respondent: | M. Stone (DLA Piper Australia) |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3061 of 2012
| SZSLC |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Ex Tempore
The first respondent seeks an order that the proceeding before this Court commenced by way of application filed on 20 December 2012 be dismissed pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2009 (Cth) by reason of the failure of the applicant to appear at today’s first court date.
In support of the application the first respondent’s solicitor, Ms Stone, tendered a letter dated 7 January 2013 from her office to the applicant. That letter was marked “Exhibit 1R”. The letter was addressed to the applicant at the address provided by the applicant on the applicant’s affidavit filed in support of his application on 20 December 2012. I note that the affidavit has the street number whereas the application does not have a street number attached to it. The letter provided the day, date and time and location of today’s first court date and informed the applicant that, if the applicant did not attend court, the first respondent may seek to have the matter dismissed with costs for non-appearance.
The application, filed on 20 December 2013, clearly states that the matter is listed for hearing today at 12:00 pm in this court room. It is now 12:40 pm. The applicant has been called outside on at least two occasions, the last being at 12.35 pm. There has been no communication received by the Court or the first respondent’s solicitors from the applicant seeking an adjournment of today’s first court date or for any other reason.
In the circumstances I am satisfied that the applicant is aware of today’s directions hearing and for whatever reason has chosen not to attend. In the circumstances, I am satisfied that it is appropriate to make the orders sought by the first respondent.
Accordingly the proceeding before this court, commenced by way of application filed on 20 December 2012, is dismissed with costs.
RECORDED : NOT TRANSCRIBED
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 15 March 2013
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