SZTXR v Minister for Immigration

[2014] FCCA 590

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTXR v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 590

Catchwords:
MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – dismissal of show cause application at the first return date because of the failure of the applicant to appear.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Applicant: SZTXR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 448 of 2014

Judgment of: Judge Driver

Hearing date: 25 March 2014

Delivered at: Sydney

Delivered on: 25 March 2014

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents:

Ms M Stone

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 in the sum of $1,331 in accordance with rule 44.15(1) and item 1 of Division 1 of Part 3 to the Federal Circuit Court Rules 2001 (Cth).

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 448 of 2014

SZTXR

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 a show cause application filed on 27 February 2014 seeking review of a decision of the Refugee Review Tribunal  (Tribunal) made on 3 February 2014.  The application is supported by an affidavit in template form.  The application and supporting affidavit have been served on the Minister.  The Minister’s solicitors, in accordance with usual practice in their office, wrote to the applicant on  10 March 2014, noting that the application had been given the first return date, today, in Court 6B, John Maddison Tower, 88 Goulburn Street, Sydney, at 9.30am.

2. The letter cautioned the applicant that he needed to confirm the location of the hearing and that if he did not attend the Minister might seek to have the matter dismissed with costs for non-appearance.  I received that letter as exhibit R1.  The applicant has not attended Court this morning.  The Minister’s solicitor attempted to contact him by telephone on his nominated mobile telephone number, but the phone was switched off.

3. The matter has been called twice outside Court and there has been no response to the call.  There is no explanation for the applicant’s non-attendance. 

4. I have perused the grounds of review advanced in the show cause application and note that these are in the form of a template with which the Court is familiar. 

5. I have decided that the application should be dismissed pursuant to the Federal Circuit Court Rules 2001 (Cth) (Federal Circuit Court Rules) on account of the applicant’s non-attendance and I so order.

6. In consequence of the dismissal of the application, the Minister seeks an order for costs in accordance with the Court scale. I will order that the applicant pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $1,331 in accordance with rule 44.15(1) and item 1 of Division 1 of Part 3 to the Federal Circuit Court Rules.

7. I will further direct 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 seven (7) paragraphs are a true copy of the reasons for judgment of Judge Driver

Associate: 

Date:  31 March 2014