SZUIK v Minister for Immigration

[2015] FCCA 3596

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUIK v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 3596

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: SZUIK

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1299 of 2014

Judgment of: Judge Nicholls

Hearing date: 27 March 2015

Date of Last Submission: 27 March 2015

Delivered at: Sydney

Delivered on: 27 March 2015

REPRESENTATION

Applicant: No Appearance

Solicitors for the Respondents: Ms E Warner Knight of Australian Government Solicitor

ORDERS

1. The application made on 15 May 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 $5,400.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1299 of 2014

SZUIK

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 an application made pursuant to s.476 of the Migration Act 1958 (Cth) on 15 May 2014 seeking review of the decision of the Refugee Review Tribunal made on 11 April 2014, which affirmed the decision of the Minister’s delegate to refuse the grant of a Protection (Class XA) visa to the applicant.

2. The applicant appeared before the Court on 8 October 2014.  He was present in Court and was assisted by an interpreter in the Mandarin language on that occasion. 

3. An order was made setting the matter down for final hearing today before me in this Courtroom at 10.15 am.  Orders were also made giving the applicant leave to file any amended application and any further evidence by way of affidavit, including a transcript of the Tribunal hearing, by 27 February 2015. No such amended application or evidence has been filed.  

4. I have before me respondent’s exhibit one (“RE1”). This is a letter to the applicant from the Minister reminding him of the Court event today and providing the relevant time and courtroom details.

5. When the matter was called today, there was no appearance by, or for, the applicant. The Minister sought that the application be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

6. I adjourned the matter for a brief period. When the matter was called, again, there was no appearance by, or for, the applicant.  To my knowledge, there has been no approach to the Registry to explain any difficulties that the applicant may have encountered in travelling to Court today.  There is no application for an adjournment before the Court.  In all the circumstances, the applicant’s absence today remains unexplained.  I will make the order that the Minister seeks.

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

Date: 8 March 2016