SZTON v Minister for Immigration

[2014] FCCA 2546

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTON v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 2546

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

Legislation:  

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

Applicant: SZTON

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2942 of 2013

Judgment of: Judge Barnes

Hearing date: 24 October 2014

Delivered at: Sydney

Delivered on: 24 October 2014

REPRESENTATION

No appearance by the Applicant

Solicitor for the Respondents: Mr Speirs of Clayton Utz, Lawyers

ORDERS

1. There being no appearance by the Applicant, the application of 27 November 2013 is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules.

2. The Applicant pay the costs of the First Respondent fixed in the sum of $3,326. 

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 2942 of 2013

SZTON

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal affirming a decision of the delegate of the First Respondent not to grant the Applicant a protection visa. 

2. The Applicant sought review by application filed in this Court on 27 November 2013.  At a directions hearing on 19 March 2014 which the Applicant attended, orders were made including listing of the matter for hearing today. 

3. There was no appearance by the Applicant today at the time the matter was listed for hearing. 

4. The First Respondent relies on an affidavit of Stephen John Alfred Speirs sworn on 17 October 2014.  I am satisfied on the basis of that evidence that the Applicant last departed Australia on 2 April 2014 as the holder of a bridging visa Class WE 050 which has since ceased and that there is no evidence that he has a visa which entitles him to return to Australia. 

5. In these circumstances and in the absence of the Applicant’s appearance today or any other evidence in explanation for his non-appearance, the Minister seeks that the application be dismissed for non-appearance pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules. I consider it is appropriate to make such an order.

6. The First Respondent also seeks costs.  Appropriately, in this case, the amount sought is equivalent to the amount provided for in the Schedule to the Rules in relation to a matter resolved at an interlocutory hearing.  Such an amount is reasonable in light of the nature of this and other similar matters.

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

Associate: 

Date: 6 November 2014