SZVFG v Minister for Immigration

[2015] FCCA 2160

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZVFG v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2160

Catchwords:
MIGRATION – Application to review decision of Refugee Review Tribunal – non-appearance by Applicant.

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: SZVFG

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2766 of 2014

Judgment of: Judge Barnes

Hearing date: 7 August 2015

Delivered at: Sydney

Delivered on: 7 August 2015

REPRESENTATION

The Applicant: There was no appearance by the Applicant

Solicitors for the Respondents: Ms N Blake
Clayton Utz

ORDERS

1. The name of the Second Respondent be amended to read “Administrative Appeals Tribunal”.

2. There being no appearance by the Applicant, the Application of 3 October 2014 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

3. The Applicant pay the costs of the First Respondent fixed in the sum of $5,000.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2766 of 2014

SZVFG

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal.  The Applicant sought review by application filed in this Court on 3 October 2014.  She attended the first directions hearing on 29 October 2014 on which day orders were made by consent listing the matter for hearing today at 10.15 am at an address and court room specified in the orders.  The Applicant has not filed any amended application or written submissions or other documents since that time. 

2. The Applicant was not present at the time when the matter was listed for hearing.  Nor is she present now, some 20 minutes later.  I am told from the bar table that the solicitor for the First Respondent sent submissions and a copy of an affidavit filed in these proceedings to the Applicant and that the documents were returned to sender.  No notification of change of address has been filed.  

3. In any event, the Applicant attended the directions hearing and was notified of the date and time and place of the hearing.  She also completed the Information for Applicants form and was made aware that it was necessary for her to attend court on the hearing date and that if she did not do so the matter may be dismissed and she may have to pay the Minister’s legal costs. 

4. In these circumstances, I am satisfied that the Applicant is on notice of the hearing today and that in her absence the application should be dismissed for non-appearance pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). She should also meet the costs of the First Respondent. The amount sought is appropriate in light of the nature of this and other similar matters.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Barnes

Associate: 

Date:  11 August 2015