SZTOW v Minister for Immigration

[2014] FCCA 1495

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTOW v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 1495

Catchwords:
MIGRATION – Review of Refugee Review Tribunal decision – dismissal of show cause application on account of the applicant’s failure to appear.

Legislation:  

Federal Circuit Court Rules 2001 (Cth)

Applicant: SZTOW

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2958 of 2013

Judgment of: Judge Driver

Hearing date: 11 July 2014

Delivered at: Sydney

Delivered on: 11 July 2014

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Ms A Wong
DLA Piper

INTERLOCUTORY ORDERS

1. The application is dismissed, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $2,300.

3. The Court directs that the Minister is to arrange to have these orders entered and the Minister is to cause a sealed copy of these orders to be served on the applicant by ordinary pre-paid post at his nominated address for service, together with a copy of rule 16.05 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 2958 of 2013

SZTOW

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. I have before me an application filed on 28 November 2013 seeking review of a decision of the Refugee Review Tribunal (Tribunal) made on 5 November 2013.  The Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa. 

2. The case came before me for first court date directions on 19 December 2013.  At that time the applicant attended in person with the assistance of a Mandarin interpreter.  I made procedural orders including an order listing the matter for a show cause hearing today at 2.15pm.  I was satisfied that the applicant understood the need to return to court today for this hearing.  When the matter was called today there was no attendance by or on behalf of the applicant.  The matter has been called twice and on each occasion there was no answer to the call.

3. There is no explanation for the applicant’s non-attendance.  Prior to my coming on the bench this afternoon, the solicitor for the Minister attempted to contact the applicant on his nominated mobile telephone but it was switched off. 

4. I received the affidavit of Costa Steven Valtas made on 3 July 2014 and filed in court by leave today.  Mr Valtas deposes as to correspondence sent to the applicant on 3 July 2014.  In that letter the Minister’s solicitor reminded the applicant of the need for him to attend court today at 2.15pm, and informed him that in the event he failed to attend the Minister would seek to have the application dismissed for non-appearance. 

5. In the circumstances, I have decided that the application should be dismissed on account of the applicant’s non-appearance.

6. I will order that the application be dismissed, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (Federal Circuit Court Rules).

7. In consequence of the dismissal of the application the Minister seeks an order for costs fixed in the sum of $2,300.  I will order that the applicant is to pay the first respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $2,300.

8. The Court directs that the Minister is to arrange to have these orders entered and the Minister is to cause a sealed copy of these orders to be served on the applicant by ordinary pre-paid post at his nominated address for service, together with a copy of rule 16.05 of the Federal Circuit Court Rules.

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

Associate: 

Date:  16 July 2014