SZUBM v Minister for Immigration & Border Protection

[2014] FCCA 1503

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUBM v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1503

Catchwords:
MIGRATION – Refugee Review Tribunal.

PRACTICE AND 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

Applicant: SZUBM

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent REFUGEE REVIEW TRIBUNAL

File Number: SYG 701 of 2014

Judgment of: Judge Emmett

Hearing date: 8 July 2014

Date of Last Submission: 8 July 2014

Delivered at: Sydney

Delivered on: 8 July 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent:

Ms M. Stone

(DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 701 of 2014

SZUBM

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 proceeding before this Court, commenced by way of application filed on 19 March 2014, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”), by reason of a failure of the applicant to appear at today’s scheduled First Court Date hearing.

2. On 19 March 2014, the applicant filed his application seeking judicial review of a decision of the Refugee Review Tribunal dated 13 February 2014. That application appears to have been signed by the applicant. 

3. The application clearly has today’s date and location of the court room, and the time is identified as 12:00pm.  There was no appearance for the applicant at 12:00pm.  It is now 2:15pm. There is still no appearance by the applicant.

4. There has been no communication received, either by the first respondent or the Court, from the applicant seeking an adjournment of today’s First Court Date hearing or for any other reason.

5. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled First Court Date hearing and, for whatever reason, has chosen not to attend.

6. I am satisfied that the orders sought by the first respondent are appropriate.

7. Accordingly, the proceeding before this Court, commenced by way of application filed on 19 March 2014, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules, by reason of the failure of the applicant to attend today’s scheduled First Court Date hearing.

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

Associate:

Date:             16 July 2014