SZVEB v Minister For Immigration and Anor (No.2)
[2015] FCCA 1145
•29 January 2015
FEDERAL CIRCUIT COURT OF AUSTRALIA
| SZVEB v MINISTER FOR IMMIGRATION & ANOR (No.2) | [2015] FCCA 1145 |
| Catchwords: PRACTICE & PROCEDURE – Summary dismissal for non-attendance. |
| Legislation: Federal Circuit Court Rules 2001, r.13.03C |
| Applicant: | SZVEB |
| First Respondent: | MINISTER FOR IMMIGRATION & BORDER PROTECTION |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2677 of 2014 |
| Judgment of: | Judge Cameron |
| Hearing date: | 29 January 2015 |
| Date of Last Submission: | 29 January 2015 |
| Delivered at: | Sydney |
| Delivered on: | 29 January 2015 |
REPRESENTATION
| No appearance by or on behalf of the Applicant |
| Solicitors for the Respondents: | Ms N. Senanayake of DLA Piper Australia |
ORDERS
The application be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.
The applicant pay the first respondent’s costs fixed in the amount of $2,800.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 2677 of 2014
| SZVEB |
Applicant
And
| MINISTER FOR IMMIGRATION & BORDER PROTECTION |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
It is now approximately 2:50pm and this matter was listed for call-over at 2:15pm this afternoon. The matter was called outside court a short time ago and there was no appearance by or for the applicant.
The matter was listed for today when the matter came before the Court for a first court date on 28 October 2014. The applicant appeared on that occasion.
As the applicant has failed to appear today, the first respondent (“Minister”) has sought dismissal of the matter pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. In support of that application the Minister relies on a letter from his solicitors to the applicant at his address for service, dated 30 October 2014, reminding him of today’s call-over. Although it is described in the letter as a directions hearing, that is a matter of no significance. The letter goes on to say that, if the applicant did not attend, the Minister might seek to have the matter dismissed with costs for non-appearance.
I am satisfied that the applicant was aware of today and aware of the possibility that the Minister would apply to have the matter dismissed if he did not attend.
In all of the circumstances, I am persuaded to accede to the Minister’s request and to dismiss the matter pursuant to the rule I have mentioned.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Cameron
Associate:
Date: 5 May 2015
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