SZTVR v Minister for Immigration & Border Protection

[2014] FCCA 2700

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTVR v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 2700

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

SZTVR v Minister for Immigration and Border Protection & Anor [2014] FCCA 1641

Applicant: SZTVR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 259 of 2014

Judgment of: Judge Emmett

Hearing date: 14 November 2014

Date of Last Submission: 14 November 2014

Delivered at: Sydney

Delivered on: 14 November 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondent: Ms Michelle Stone (DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 259 of 2014

SZTVR

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 applicant’s Application in a Case, filed on 6 August 2014, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support the first respondent’s solicitor tendered a letter dated 24 October 2014, marked exhibit 1R. Exhibit 1R was addressed to the applicant at her address for service and informed the applicant that her Application in a Case, filed on 6 August 2014, was listed for hearing before this Court at 10.00am today.  Exhibit 1R provided the address of the courtroom and also informed the applicant that if she did not attend, the first respondent may seek to have her Application in a Case dismissed with costs.

3. The Application in a Case sought an Order to set aside Orders made on 24 July 2014 dismissing the applicant’s proceeding before this Court by reason of the failure of the applicant o attend the scheduled hearing on 24 July 2014. Reasons for dismissal were given by me at the time in SZTVR v Minister for Immigration and Border Protection & Anor [2014] FCCA 1641.

4. The matter has been called outside on at least two occasions this morning, most recently being less than five minutes ago.  It is now 10.40am.  There has been no communication from the applicant either to this Court or to the first respondent seeking an adjournment of today’s 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. Accordingly, the orders sought by the first respondent are appropriate, and the applicant’s Application in a Case, filed 6 August 2014, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), with costs.

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

Associate: 

Date:  24 November 2014