SZTOM v Minister for Immigration

[2013] FCCA 2361

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTOM v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2361

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

Legislation:

Migration Act 1958 (Cth), s.476.

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

Applicant: SZTOM

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2930 of 2013

Judgment of: Judge Nicholls

Hearing date: 18 December 2013

Date of Last Submission: 18 December 2013

Delivered at: Sydney

Delivered on: 18 December 2013

REPRESENTATION

Applicant No Appearance

Appearing for the Respondents Ms K Hehir

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application made on 26 November 2013 is dismissed pursuant Rule 13.03C(1)(c) of the Federal Circuit Court Rules (Cth).

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

3. Within 7 days of the making of these orders, the first respondent’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 2930 of 2013

SZTOM

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 on 26 November 2013, pursuant to s.476 of the Migration Act 1958 (Cth), seeking review of the decision of the Refugee Review Tribunal, made on 29 October 2013, which affirmed the decision of the Minister’s delegate to refuse to grant a protection visa to the applicant.

2. Today is the first Court date for this matter, as recorded by the Court’s Registry on the face of the application to the Court, 18 December 2013 at 9.30am. When the matter was called, nearly two hours after the scheduled time, there was no appearance by the applicant.

3. The Minister’s representative has sought to have the application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

4. There is nothing before the Court to indicate that the applicant sought any adjournment or that the applicant otherwise notified the Court or the Minister’s solicitors of any difficulty in attending the Court event today.

5. I take into account the first respondent’s Exhibit 1, a letter from the respondents’ solicitors to the applicant at his address for service notifying him of the correct time, date and location of the Court event today. I am satisfied, with reference to Exhibit 1, that the applicant had reasonable notice of the Court event today.

6. In the circumstances, I am satisfied that the matter should be dismissed pursuant to r.13.03C(1)(c) of the Rules. I will make an order accordingly.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 31 January 2014