SZSSB v Minister for Immigration

[2013] FCCA 2358

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSSB v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2358

Catchwords:
MIGRATION – Application for review of decision of the Refugee Review Tribunal – no appearance by the applicant – application dismissed for non-appearance.

Legislation:

Migration Act 1958 (Cth), s.476.

Federal Circuit Court Rules 2001 (Cth) r.13.03C.

Applicant: SZSSB

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 604 of 2013

Judgment of: Judge Nicholls

Hearing date: 15 November 2013

Date of Last Submission: 15 November 2013

Delivered at: Sydney

Delivered on: 15 November 2013

REPRESENTATION

Applicant No Appearance

Appearing for the Respondents Ms M Stone

Solicitors for the Respondents: DLA Piper Australia

ORDERS

1. The name of the first respondent is amended to read “Minister for Immigration and Border Protection”.

2. The application made on 26 March 2013 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

3. The applicant pay the first respondent’s costs set in the amount of $1,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 604 of 2013

SZSSB

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. I have before me an application made pursuant to s.476 of the Migration Act 1958 (“the Act”) on 26 March 2013, seeking review of a decision of the Refugee Review Tribunal made on 22 February 2013 which affirmed the decision of the Minister’s delegate to refuse a protection visa to the applicant.

2. At the first Court date in this matter the applicant appeared in person and was assisted by an interpreter in the Mandarin language. On that occasion the matter was set down for mention on 15 November 2013 at 10.15am. At that time the applicant was given the opportunity to file an amended application and any evidence by way of affidavit. Nothing has been filed by the applicant.

3. When the matter was called today, the applicant did not appear. Ms M Stone appeared for the Minister.

4. The Minister applied for the application to be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

5. I take into account the first respondent’s Exhibit 1, a letter, dated 9 May 2013, from the respondents’ solicitors, addressed to the applicant, notifying the applicant of the time, date and location of the mention today, 15 November 2013, at 10.15am. I also take into account the first respondent’s Exhibit 2, a letter from the Court, dated 8 November 2013, addressed to the applicant and the respondents’ solicitors confirming the time, date and place of the hearing today.

6. I also note that the applicant was present at the first Court date in this matter on 8 May 2013, and that he was assisted by an interpreter in the Mandarin language. At that time, he was put on notice as to the time, date and location of the hearing today. There has been no formal communication from the applicant to the Court, or the Registry of this Court to explain his absence, whether the matter has been withdrawn or whether the applicant seeks an adjournment.

7. Although I do not rely on it, I note information from the Minister’s representative given to the Court from the bar table, regarding telephone communication with the applicant today, with the assistance of an interpreter of the Mandarin language, who is present in Court. The interpreter noted communication from the applicant that the applicant did not intend to attend the hearing and that the applicant thought the proceedings had been withdrawn.

8. The applicant had reasonable notice of the time, date and location of the Court event today and has provided no satisfactory explanation to the Court for his absence today. The applicant did not appear at the hearing today. For these reasons it is appropriate that I proceed to dismiss the application due to non-appearance pursuant to r.13.03C(1)(c) of the Rules. I will make an order accordingly.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 31 January 2014