SZSVG v Minister for Immigration, Multicultural Affairs and CITIZENSHIP

[2013] FCCA 862

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSVG & ORS v MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP & ANOR [2013] FCCA 862

Catchwords:
MIGRATION – Migration Review Tribunal.
PRACTICE AND 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 Circuit Court Rules 2001 (Cth).

Legislation: 
Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c).

First Applicant: SZSVG

Second Applicant: SZSVH

Third Applicant: SZSVI

Fourth Applicant: SZSVJ

First Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1007 of 2013

Judgment of: Judge Emmett

Hearing date: 17 July 2013

Date of Last Submission: 17 July 2013

Delivered at: Sydney

Delivered on: 17 July 2013

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Ms Michelle Stone (DLA Piper)

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1007 of 2013

SZSVG

First Applicant

SZSVH

Second Applicant

SZSVI

Third Applicant

SZSVJ

Fourth Applicant

And

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 10 May 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court 2001 (Cth) rules by reason of the failure of any of  the applicant to attend today’s scheduled  first court date hearing.

2. In support of the application, the first respondent tendered two letters. The first is dated 22 May 2013 and informs the applicant of the first respondent’s appearance.  The second letter, dated 19 June 2013, advises the applicants of the location of today’s hearing. I do note that  the location of the Courtroom identified on the initiating application, filed on 10 May 2013 has changed to the location notified in the first respondent’s letter dated 19 June 2013.  That letter was sent to the applicant at the address provided by the applicant for service in Australia. The first respondent’s letters together were marked exhibit 1R.

3. The matter has been called on at least two occasions outside the Courtroom. It is now 11.40am. The application filed on 10 May 2013 clearly identifies the date and time at 11am of the directions hearing.

4. In the circumstances, I am satisfied that the applicants are aware, or should be aware, of today’s first court date, its location and time. 

5. There has been no communication received, either by the first respondent’s solicitors or the Court, from any of the applicants or anyone on behalf of the applicants seeking an adjournment of today’s hearing, or for any other reason.

6. The grounds of review identified in the application are as follows:

   “1. The Tribunal misunderstood my claims especially the relocation. I am unable to relocate and will suffer significant harm and I will provide copy of transcript.”

7. Those grounds make bare assertions that do not disclose any error capable of review by this Court. They certainly do not disclose a ground that has with any reasonable prospect of success. 

8. Accordingly, in the circumstances, the proceeding before this Court, commenced by way of application filed on 10 May 2013, is dismissed with costs. 

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

Associate: 

Date:  23 July 2013