SZUBG v Minister for Immigration and Border Protection
[2014] FCA 1204
•3 November 2014
FEDERAL COURT OF AUSTRALIA
SZUBG v Minister for Immigration and Border Protection [2014] FCA 1204
Citation: SZUBG v Minister for Immigration and Border Protection [2014] FCA 1204 Parties: SZUBG v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL File number: NSD 755 of 2014 Judge: JACOBSON J Date of judgment: 3 November 2014 Date of hearing: 3 November 2014 Place: Sydney Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 4 Counsel for the Applicant: The applicant did not appear Counsel for the Respondents: Ms E Warner Knight Solicitor for the Respondents: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 755 of 2014
BETWEEN: SZUBG
ApplicantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
JACOBSON J
DATE OF ORDER:
3 NOVEMBER 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
(1)The application for an extension of time and for leave to appeal be dismissed.
(2)The applicant pay the Minister’s cost of the application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 755 of 2014
BETWEEN: SZUBG
ApplicantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
JACOBSON J
DATE:
3 NOVEMBER 2014
PLACE:
SYDNEY
REASONS FOR JUDGMENT
When the matter was called on for hearing this morning at approximately 10.20 am there was no appearance by the applicant. I stood the matter down in order to hear another application, the hearing of which has recently concluded. It is now 11.20 am and there is still no appearance by the applicant.
The applicant was notified of today’s hearing in three separate communications. The first communication was a letter from this Court dated 15 September 2014 informing the applicant that the matter would be heard by another Judge of the Court (Foster J) today. The time which was referred to in the letter for the hearing of the application was shown as “Not before 10.15 am”. The second communication was another letter from this Court to the applicant dated 16 October 2014 informing the applicant of a change in the Judge who was to hear the application.
The applicant was informed that the matter would not be heard by Foster J but would be heard by me. Importantly, the time and date of the hearing were not altered. That is to say, the time that was communicated was “Not before 10.15 am”, and the date was today’s date Monday, 3 November 2014. The third communication was a letter from the Australian Government Solicitor dated 29 October 2014 reminding the applicant that the hearing of the case was listed today before me. The letter informed the applicant that the hearing was “at 10.15 am” before me in the Federal Court Law Courts building. The letter went on to say:
“You must attend on that occasion. If you do not attend, we will ask the Court to make orders dismissing your application and requiring you to pay the Minister’s legal costs without further notice.”
Ms Warner Knight who appears this morning for the Minister fairly conceded that for an unrepresented applicant a notification of a hearing time of “Not before 10.15 am” might cause some minor confusion. However, there can be no reason for the applicant to be in any doubt that the matter was to be heard by the Court, if not precisely at 10.15 am, then within a reasonable period thereafter. As I have said it is now approaching 11.30 am and there is no appearance. It seems to me that in the circumstances the appropriate course is to accede to Ms Warner Knight’s application that the application be dismissed pursuant to rule 35.33(1)(a)(i) of the Federal Court Rules 2011 and I propose to make that order. I also propose to order that the applicant pay the costs of the application.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson. Associate:
Dated: 3 November 2014
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