SZSSN v Minister for Immigration

[2013] FCCA 2356

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSSN v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2356

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) rr.13.03C, 44.12.

Applicant: SZSSN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 650 of 2013

Judgment of: Judge Nicholls

Hearing date: 8 November 2013

Date of Last Submission: 8 November 2013

Delivered at: Sydney

Delivered on: 8 November 2013

REPRESENTATION

Applicant No Appearance

Appearing for the Respondents: Mr J Pinder

Solicitors for the Respondents: Minter Ellison

ORDERS

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

2. The application made on 2 April 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 $3,326.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 650 of 2013

SZSSN

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 (Cth) (“the Act”) on 2 April 2013, seeking review of the decision of the Refugee Review Tribunal made on 7 March 2013, which affirmed the decision of the Minister’s delegate to refuse a protection to the applicant.

2. The applicant appeared in person at the first Court date in this matter on 8 May 2013. On that date the matter was set down for a “show cause” hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. When the matter was called today, the applicant did not appear. Mr J Pinder appeared for the Minister. The Minister has sought dismissal of the application pursuant to r.13.03C(1)(c) of the Rules.

4. I take into account the first respondent’s Exhibit 1, a letter addressed to the applicant, dated 22 October 2013, from the solicitors for the respondents, informing the applicant of the time, date and location of the hearing. I also take into account Exhibit 2, a letter dated 15 October 2013, addressed to the applicant and the respondents’ solicitors from the Court confirming the date, time and location of the hearing. I also take into account the applicant’s attendance at the first Court date in this matter and the information regarding the hearing that was given to the applicant at that time. I am satisfied, based on all of the above, that the applicant has had reasonable notice that his matter was set down for a “show cause” hearing today, 08 November 2013 at 2.15pm and that the applicant had reasonable notice of the time, date and the location of the hearing.

5. I accept the Minister’s submissions that there has been no communication from the applicant to explain his absence today. Nor, to my knowledge, has there been any communication by the applicant to the Registry of this Court to explain his absence.

6. It is appropriate in these circumstances that the application be dismissed pursuant to r.13.03C(1)(c) of the Rules. I will make an order accordingly.

7. The Minister also seeks his costs in this matter in the usual way. There is nothing before me to argue against the making of a costs order. The amount that the Minister seeks, $3,326.00, is consistent with what is set out in the relevant Schedule of the Rules for cases that have reached this stage. In any event, I am otherwise satisfied having regard to the file, and noting the work that has already been done by the Minister’s solicitors and court attendances that the amount sought is a reasonable amount. I will make an order accordingly.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 31 January 2014