SZUHZ v Minister for Immigration & Border Protection

[2014] FCCA 1141

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUHZ v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1141

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: SZUHZ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent REFUGEE REVIEW TRIBUNAL

File Number: SYG 1241 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: Mr Richard Baird
(Sparke Helmore Lawyers)

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1241 of 2014

SZUHZ

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 9 May 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 9 May 2014, the applicant filed his application seeking judicial review of a decision of the Refugee Review Tribunal (“the RRT”) not dated on the applicant’s application. That application appears to have been signed by the applicant. 

3. The grounds of the application do not disclose an error capable of review by this Court. 

4. The applicant also filed an affidavit at the same time, sworn/affirmed by him on 9 May 2014 annexing a copy of the RRT’s decision record, dated 23 April 2014, and in respect of which he seeks judicial review in this Court. I note from a brief perusal of that document that the applicant failed to attend the RRT hearing.

5. The matter was originally listed at 9:30am for a First Court Date hearing. On 21 May 2014, my chambers sent letters to the parties in this matter informing them that the matter had been relisted for today at 9:00am. The letter to the applicant was addressed to the only address provided by the applicant identified as his address for service in Australia.

6. It is now 9:35am. The matter has been called outside on several occasions, the most recent being less than five minutes ago.

7. 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.

8. 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.

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

10. Accordingly, the proceeding before this Court, commenced by way of application filed on 9 May 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 ten (10) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:

Date:  12 June 2014