SZSZZ v Minister for Immigration & Border Protection

[2014] FCCA 1409

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZSZZ v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1409

Catchwords:
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 Circuit Court Rules 2001 (Cth).

Legislation:

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

Applicant: SZSZZ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1486 of 2013

Judgment of: Judge Emmett

Hearing date: 2 July 2014

Date of Last Submission: 2 July 2014

Delivered at: Sydney

Delivered on: 2 July 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms Louise Buchanan
(Australian Government Solicitor)

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1486 of 2013

SZSZZ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) that the proceeding before this court, commenced by way of application filed on 1 July 2013 be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. In support, the first respondent read the affidavit of Rebecca Susan Jones, affirmed 25 June 2014. Ms Jones’ affidavit attaches copies of electronic records held by the Department of Immigration and Border Protection which record that the applicant has not held any Australian visa since 3 October 2013, and that he departed Australia on 4 June 2014.

3. For the sake of prudence, the matter has been called outside on at least two occasions, the most recent being less than five minutes ago. There is no appearance by the applicant and there has been no communication received by or on behalf of the applicant either by this Court or by the first respondent seeking an adjournment of today’s hearing or for any other reason.

4. I note that the applicant appeared at a directions hearing before me on 4 September 2013. On that occasion, the applicant was given leave to file and serve an amended application giving complete particulars of each ground of review relied upon, together with any evidence in support by 16 October 2013, and to file and serve submissions in support two weeks before the hearing. The matter was set down on that occasion for hearing today at 2:00pm.

5. At the directions hearing, was provided with the contact details of legal services providers and translating and interpreting services in documents headed in his own language. The orders also informed the applicant that if there was no appearance by or on behalf of him at any scheduled court event, the applicant may be dismissed without further notice. No documents have been filed by the applicant either in accordance with those directions, or otherwise.

6. Both parties were notified that the matter was moved for hearing today at 10.30am. It is now 11.32am.

7. In the circumstances, I am satisfied that the applicant is aware of today’s hearing. I am also satisfied that the applicant departed Australia on 4 June 2014.

8. Accordingly, the proceeding before this Court, commenced by way of application filed on 1 July 2013, should be dismissed pursuant to r.13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing, with costs.

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

Associate:

Date:  9 July 2014