SZTIJ v Minister for Immigration

[2013] FCCA 2359

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTIJ v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2359

Catchwords:
MIGRATION – Application for review of decision of the Refugee Review Tribunal – no appearance by the applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476.

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

Applicant: SZTIJ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2330 of 2013

Judgment of: Judge Nicholls

Hearing date: 4 December 2013

Date of Last Submission: 4 December 2013

Delivered at: Sydney

Delivered on: 4 December 2013

REPRESENTATION

Applicant: No Appearance

Appearing for the Respondents: Ms M Ardita

Solicitors for the Respondents: DLA Piper Australia

ORDERS

1. The application made on 1 October 2013 is dismissed for non appearance pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant pay the first respondent’s costs set in the amount of $1,331.00.

3. Within 10 days of the making of these orders, the Minister’s solicitors write to the applicant at the address for service notifying him of the orders made today and Rule 16.05 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2330 of 2013

SZTIJ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. I have before me an application made pursuant to s.476 of the Migration Act 1958 (Cth) (“the Act”), on 01 October 2013, seeking review of the decision of the Refugee Review Tribunal (“the Tribunal”), made on 4 September 2013, which affirmed the decision of the Minister’s delegate to refuse the grant of a protection visa to the applicant.

2. When the matter was called today, 4 December 2013, at 10.08am, there was no appearance by the applicant. Ms M Ardita appeared for the Minister. The Minister sought an order that the application be dismissed for non-appearance, pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. As is indicated on the face of the application lodged by the applicant, the Court’s registry set this matter down for first Court date today (4 December 2013) at 9.15am.

4. I am satisfied, on what is before the Court, that the applicant had reasonable notice of the Court event today. I take into account, what appears on the face of the application to the Court, that is, the notation made by the Registry, indicating the date, time and location of the Court event today. I also take into account the respondent’s Exhibit 1, a letter from the respondent’s solicitors, dated 11 October 2013, addressed to the applicant, notifying him of the date, time and place of the Court event today.

5. There have been no requests for an adjournment, nor any other communication to the Court or to the Minister’s solicitors as to any difficulty in attending Court today by the applicant. It is appropriate, therefore, that I make the order sought by the Minister, to dismiss the application pursuant to r.13.03C(1)(c) of the Rules. I will make an order accordingly.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 31 January 2014