SZTSW v Minister for Immigration & Border Protection

[2014] FCCA 780

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTSW v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 780

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) rr.13.03C, 44.12

Applicant: SZTSW

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 6 of 2014

Judgment of: Judge Emmett

Hearing date: 15 April 2014

Date of Last Submission: 15 April 2014

Delivered at: Sydney

Delivered on: 15 April 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms Chloe Hillary
(DLA Piper)

FEDERAL CIRCUIT
COURT OF AUSTRALIA AT
SYDNEY

SYG 6 of 2014

SZTSW

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 pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) that the proceeding before this Court, commenced by way of application filed on 3 January 2014, be dismissed by reason of the failure of the applicant to appear at today’s scheduled first court date hearing.

2. In support, the solicitor for the first respondent, Ms Hillary, tendered a letter dated 23 January 2014 from the first respondent’s solicitors addressed to the applicant at the applicant’s address for service. That letter was marked “Exhibit 1R.”

3. Exhibit 1R informs the applicant that if the applicant does not attend today’s scheduled first court date hearing the proceeding may be dismissed for non‑appearance with costs.

4. I note that the applicant’s application, filed on 3 January 2014, appears to be signed by the applicant. The front page of that application clearly states the location, date, and time of today’s scheduled first court date hearing. The time specified is 12:00pm.

5. The time is now 12.37pm. The matter has been called outside the courtroom on at least two occasions, the most recent being within the last eight minutes.

6. No document has been filed by or on behalf of the applicant. There has not been any communication received by the first respondent or the Court from the applicant either seeking an adjournment of today’s scheduled first court date hearing, or for any other reason.

7. In the circumstances, I am satisfied that the applicant was aware of today’s scheduled first court date hearing, and for whatever reason has chosen not to attend. Accordingly, the orders sought by the first respondent are appropriate and the application, filed on 3 January 2014, should be dismissed with costs.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:    13 May 2014