SZUGU v Minister for Immigration

[2014] FCCA 3190

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUGU v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 3190

Catchwords:
MIGRATION – Application for review of the decision of the Refugee Review Tribunal – no appearance by the applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

Federal Circuit Court Rules 2001 (Cth), r.13.03C

Applicant: SZUGU

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1140 of 2014

Judgment of: Judge Nicholls

Hearing date: 10 September 2014

Date of Last Submission: 10 September 2014

Delivered at: Sydney

Delivered on: 10 September 2014

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondents: Ms A Carr of DLA Piper

ORDERS

1. The application made on 28 April 2014 is dismissed for non-appearance pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant pay the first respondent’s costs set in the amount of $3,326.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1140 of 2014

SZUGU

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. I have before me today an application made on 28 April 2014 pursuant to s.476 of the Migration Act 1958 (Cth) seeking review of the decision of the Refugee Review Tribunal made on 21 March 2014 which affirmed the decision of the Minister’s delegate to refuse a Protection (Class XA) visa to the applicant.

2. When this matter first came before the Court on 25 June 2014, the applicant appeared in person. The applicant was assisted by an interpreter in the Mandarin language.  A number of orders were made for the progress of the case on that occasion. The matter was set down for mention today at a callover at 9.30 am.

3. When the matter was called today, there was no appearance by, or for, the applicant. In those circumstances, the Minister made an application that the substantive application be dismissed, pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth), for non-appearance by the applicant.

4. The applicant would have been on notice of the Court event today, because of her attendance at Court on the previous occasion when the relevant order was made.  I also take into account, and have regard to, respondent’s exhibit one (“RE1’), being a letter from the respondent’s solicitors, addressed to the applicant at the address for service provided by the applicant in her application to the Court, reminding the applicant of the Court event today. This letter put the applicant on notice that if she did not appear today, then the Minister would seek summary dismissal of her application.

5. I am satisfied that the applicant has had reasonable notice of the Court event today.  Her absence an hour after the scheduled time remains unexplained.  I am not aware that there has been any communication to the Court’s Registry seeking any adjournment of today’s event, nor otherwise indicating any difficulty in attending, on the part of the applicant.  In all the circumstances, it is appropriate that I make the order that the Minister now seeks. I will make an order accordingly.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date:  12 November 2015