SZSPN v Minister for Immigration

[2014] FCCA 978

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSPN v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 978

Catchwords:
MIGRATION – No appearance.

Legislation:  

Federal Circuit Court Rules 2001 (Cth)

Applicant: SZSPN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 347 of 2013

Judgment of: Judge Raphael

Hearing date: 8 May 2014

Date of Last Submission: 8 May 2014

Delivered at: Sydney

Delivered on: 8 May 2014

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondent: DLA Piper Australia

ORDERS

1. Application dismissed.

2. Applicant to pay the Respondents’ costs assessed in the sum of $5,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 347 of 2013

SZSPN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant filed an application on 22 February 2013 seeking review of a decision of the Refugee Review Tribunal dated the 23 January 2013. On the 17 October 2013 he attended a directions hearing before me on which date the matter was set down for hearing at 10.15am today in this court. On the 29 April 2014 the respondent’s solicitors wrote the applicant providing him with a copy of their outline of submissions and list of authorities. Although the applicant had been ordered to file his own outline and submissions none had been received by them. Neither had the applicant amended his application as he had been permitted to do.

2. The applicant was not present in court at 10.15am when this matter was due to commence nor was he present when his name was called outside the court at 10.29am. In those circumstances court proposes to dismiss the matter pursuant to Part 13, Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and order that the applicant pay the respondents’ costs assessed in the sum of $5,000.00.

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

Associate: 

Date:  14 May 2014