SZTRV v Minister for Immigration

[2014] FCCA 355

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTRV v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 355

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 2001 (Cth) r.13.03C.

Applicant: SZTRV

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3187 of 2013

Judgment of: Judge Nicholls

Hearing date: 19 February 2014

Date of Last Submission: 19 February 2014

Delivered at: Sydney

Delivered on: 19 February 2014

REPRESENTATION

Counsel for the Applicant: In Person

Appearing for the Respondents: Ms L Stewart

Solicitors for the Respondents: Clayton Utz

ORDERS

1. The application made on 19 February 2014 is dismissed 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.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3187 of 2013

SZTRV

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 19 December 2013 seeking review of the decision of the Refugee Review Tribunal (“the Tribunal”) made on 25 September 2013, which affirmed the decision of the Minister’s delegate to refuse a protection visa to the applicant.

2. The first Court date for this matter was today, 19 February 2014, at 9.30am. When the matter was called there was no appearance by the applicant. Ms L Stewart appeared for the first respondent. The Minister made an application that the matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. I am satisfied on what is before me that the applicant had reasonable notice of the time, date and location of the Court event today. First, I take into account the notation placed by the Court’s Registry on the copy of the application that the applicant filed in these proceedings on 19 December 2013, which states the correct time, date and location for the Court event today. When the matter was called outside this Courtroom, Court 11.1, and the other Courtroom on this floor, Court 11.6, there was no appearance by the applicant. There has been no communication from the Court’s Registry that the applicant has sought any adjournment or sought to notify the Court of any difficulty in attending the Court event today.

4. In the circumstances, it is appropriate to dismiss the application made on 19 December 2013 pursuant to r.13.03C(1)(c) of the Rules. I will make an order accordingly.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date:26 February 2014