SZUGR v Minister for Immigration and BORDER PROTECTION

[2014] FCCA 1142

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUGR v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1142

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: SZUGR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent REFUGEE REVIEW TRIBUNAL

File Number: SYG 1125 of 2014

Judgment of: Judge Emmett

Hearing date: 2 June 2014

Date of Last Submission: 2 June 2014

Delivered at: Sydney

Delivered on: 2 June 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Ms Alice Drury
(Clayton Utz)

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1125 of 2014

SZUGR

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 24 April 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 24 April 2014, the applicant filed his application seeking judicial review of a decision of the Refugee Review Tribunal dated 31 March 2014. That application appears to have been signed by the applicant. 

3. The application clearly has on its front page, the date, time, and location of today’s scheduled First Court Date hearing.

4. The applicant also filed an affidavit at the same time, sworn/affirmed by him on 24 April 2014, annexing a copy of the RRT’s decision record, dated 31 March 2014, and in respect of which he seeks judicial review in this Court.

5. The matter was listed at 11:00am for a First Court Date hearing. It is now 11:20am. The matter has been called outside on several occasions, the most recent being less than five minutes ago.

6. 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.

7. 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.

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

9. Accordingly, the proceeding before this Court, commenced by way of application filed on 24 April 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 nine (9) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:

Date:  26 June 2014