SZTFC v Minister for Immigration & Border Protection

[2013] FCCA 2119

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTFC v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2013] FCCA 2119

Catchwords:
MIGRATION – Refugee Review Tribunal.

PRACTICE & PROCEDURE – Non-appearance of applicant – application dismissed pursuant to r.13.03C(1)(c) of Federal Circuit Court Rules.

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

Applicant: SZTFC

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1997 of 2013

Judgment of: Judge Emmett

Hearing date: 9 December 2013

Date of Last Submission: 9 December 2013

Delivered at: Sydney

Delivered on: 9 December 2013

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitor for the Respondents: Ms Sharon Sangha
(Sparke Helmore Lawyers)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1997 of 2013

SZTFC

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 that the proceeding before this Court, commenced by way of application filed on 26 August 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to appear at today’s scheduled First Court Date.

2. In support of that application, the solicitor for the first respondent read the affidavit of Bromley Hornsby, sworn 6 December 2013. Mr Hornsby’s affidavit annexed various movement records indicating that the applicant departed Australia on 21 November 2013 at 9:22am.

3. In the circumstances, I am satisfied that the applicant was aware of today’s hearing, and has chosen not to attend.

4. Accordingly the orders sought by the first respondent are appropriate and should be made.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  18 December 2013