SZUFN v Minister for Immigration

[2015] FCCA 194

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUFN v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 194

Catchwords:
MIGRATION – Review of Refugee Review Tribunal decision – non appearance of the applicant at a callover.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Applicant: SZUFN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1066 of 2014

Judgment of: Judge Driver

Hearing date: 30 January 2015

Delivered at: Sydney

Delivered on: 30 January 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms F Taah of Australian Government Solicitor

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 $3,416 in accordance with rule 44.15(1) and item 2 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 1066 of 2014

SZUFN

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 an application filed on 17 April 2014 seeking review of a decision of the Refugee Review Tribunal (Tribunal).  The application came before Judge Manousaridis on 28 May 2014.  At the time, the applicant appeared in person with the assistance of a Mandarin interpreter.  His Honour made a number of orders to prepare the matter for hearing, including an order setting the matter down for a show cause hearing pursuant to rule 44.12 of the Federal Circuit Court Rules 2001 (Cth) (Federal Circuit Court Rules). That hearing was unable to proceed due to the unavailability of Judge Manousaridis. His deputy associate wrote to the parties by letter dated 11 November 2014 advising them that the matter would be called over today at 10.15am[1].  There was, apparently, no response to that letter by the applicant. 

   [1] Exhibit R1

2. When the matter was called this morning, there was no appearance by or on behalf of the applicant.  The matter has been called twice and on each occasion there was no answer to the call.  There is no explanation for the non-attendance of the applicant.

3. I left the bench temporarily so that my deputy associate could attempt to contact the applicant on his nominated telephone number, with the assistance of the Mandarin interpreter.  That attempt was unsuccessful.  The telephone was turned off. 

4. In the circumstances, I have decided that the appropriate course is to dismiss the application on account of the applicant’s non-attendance and I so order.

5. I will order that the application is dismissed, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules.

6. I will order that the applicant is to pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $3,416 in accordance with rule 44.15(1) and item 2 of Division 1 of Part 3 to the Federal Circuit Court Rules.

7. 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.

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

Associate: 

Date:  4 February 2015