SZUCI v Minister for Immigration & Border Protection

[2014] FCCA 1160

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUCI v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1160

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: SZUCI

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent REFUGEE REVIEW TRIBUNAL

File Number: SYG 774 of 2014

Judgment of: Judge Emmett

Hearing date: 27 May 2014

Date of Last Submission: 27 May 2014

Delivered at: Sydney

Delivered on: 27 May 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Mr Lewis d’Avigdor
(Clayton Utz)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 774 of 2014

SZUCI

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 25 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. I note that the Details of Filing of the application, filed on 25 March 2014, clearly states the time and location of today’s First Court Date hearing. The application appears to be signed by the applicant.

3. The applicant also filed an affidavit at the same time, sworn/affirmed by him on 22 March 2014 annexing a copy of the RRT’s decision record, dated 27 February 2014, and in respect of which he seeks judicial review in this Court.

4. The matter was listed at 2:00pm for a First Court Date hearing. It is now 3:06pm. The matter has been called outside on several occasions, the most recent being less than five minutes ago.

5. 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.

6. 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.

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

8. Accordingly, the proceeding before this Court, commenced by way of application filed on 25 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 eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:

Date:              6 June 2014