SZTGT v Minister for Immigration & Border Protection

[2014] FCCA 291

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTGT v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 291

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), rr.13.03C, 44.12

Applicant: SZTGT

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2160 of 2013

Judgment of: Judge Emmett

Hearing date: 20 February 2014

Date of Last Submission: 20 February 2014

Delivered at: Sydney

Delivered on: 20 February 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr William Sharpe (Sparke Helmore)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2160 of 2013

SZTGT

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 13 September 2013, be dismissed by reason of the failure to appear at today’s scheduled hearing.

2. The applicant appeared at a directions hearing before me on 6 February 2014. On that occasion I explained to the applicant that this Court has no power to interfere with a decision of the Refugee Review Tribunal (“the RRT”) unless the Court is satisfied that the RRT’s decision is affected by a mistake going to the jurisdiction of the RRT.

3. I explained to the applicant that the grounds of the application made bare assertions that were unsupported by particulars and did not, by themselves, disclose an error capable of review by this Court.

4. I also explained to the applicant that where the grounds of his application did not raise an arguable case for the relief sought, his application may be dismissed pursuant to r.44.12 of the Rules.

5. The applicant confirmed that he wished to proceed with his application. Accordingly, directions were made giving the applicant leave to file and serve an amended application, evidence and submissions in support by 13 February 2014 and the matter was set down for hearing today at 10.15am pursuant to r.44.12 of the Rules.

6. There have been no documents filed by or on behalf of the applicant and there has been no communication received by the first respondent or the Court from the applicant seeking an adjournment of today’s hearing or for any other reason. 

7. It is now 11 am. The matter has been called outside on several occasions, the last just shortly before I commenced giving these reasons.

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

9. Accordingly, it is appropriate that the orders sought by the first respondent be made dismissing with costs the applicant’s proceeding for judicial review pursuant to rule 13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  28 February 2014