SZTOQ v Minister for Immigration & Border Protection

[2014] FCCA 585

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTOQ v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 585

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) r.13.03C(1)(c)

Applicant: SZTOQ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2951 of 2013

Judgment of: Judge Emmett

Hearing date: 25 March 2014

Date of Last Submission: 25 March 2014

Delivered at: Sydney

Delivered on: 25 March 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondent: Ms Hervee Dejean
(Australian Government Solicitor)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2951 of 2013

SZTOQ

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 28 November 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled first court date.

2. The application was filed on 28 November 2013 and a first court date set on that occasion for 12 March 2014 at 3:00pm, before me. 

3. At the request of the applicant, that first court date was stood over until today.  The applicant was notified by email on 10 March 2014 from the registry of this court that the matter was re-listed for 10:00am today.  A copy of that email was tendered by the solicitor for the first respondent, Mr Dejean, and is marked “Exhibit 1R”. 

4. It is now 10:58am. The matter has been called on at least two occasions this morning, the last being less than five minutes ago. There has been no appearance by or on behalf of the applicant. There has been no communication received from the applicant, either by this court or by the solicitor for the first respondent seeking a further adjournment of today’s scheduled directions hearing or for any other reason.

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

6. Further the only ground for judicial review in the initiating application is as follows:

   “The decision of tribunal is affected by error of law. Decision seems unfair to Application.”

7. That ground makes wholly unparticularised assertions that do not disclose an error capable of review by this Court. Nor do they raise an arguable case for the relief claimed.

8. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court, commenced by way of application filed on 28 November 2013, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the applicant’s failure to appear at today’s scheduled first court date hearing.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett.

Associate: 

Date: 2 April 2014