SZUFS v Minister for Immigration

[2015] FCCA 193

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUFS v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 193

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

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Applicant: SZUFS

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1079 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 1079 of 2014

SZUFS

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 matter first came before Judge Manousaridis on 28 May 2014. The applicant attended in person. At that time, his Honour made directions to prepare the matter for a 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), on 9 December 2014. That hearing did not proceed due to his Honour’s unavailability.

2. Exhibit R1 is a letter dated 11 November 2014 addressed to the parties, advising them that the matter would be called over today at 10.15 am.  In addition, I note that my associate emailed the parties on 20 January 2015, advising them, again, of the callover and indicating that the matter would be listed for hearing before Judge Street during February. 

3. There was no appearance by or on behalf of the applicant when the matter was called this morning.  The matter has been called twice, and on each occasion there was no answer to the call.  There is no explanation for the applicant’s non‑attendance.  I left the Court temporarily so that an attempt could be made to contact the applicant by telephone.  That attempt was unsuccessful.  There was a recorded message advising that the mobile telephone had been turned off. 

4. In the circumstances, I have decided to dismiss the application on account of the applicant’s non‑attendance under rule 13.03C(1)(c) of the Federal Circuit Court Rules, and I so order.

5. I will further order that the applicant pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $3,416 in accordance with the Court’s scale and rules. 

6. I will, in addition, direct that the Minister arrange to have the orders made today entered and that the Minister cause a sealed copy of those orders to be served on the applicant by ordinary prepaid post at his last known address for service together with a copy of rule 16.05 of the Federal Circuit Court Rules.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Driver

Associate: 

Date: 5 February 2015