SZVFY v Minister for Immigration & Border Protection

[2015] FCCA 160

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZVFY v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2015] FCCA 160

Catchwords:
MIGRATION – Refugee Review Tribunal.

PRACTICE & 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) rr.13.03C, 44.12

Applicant: SZVFY

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 2787 of 2014

Judgment of: Judge Emmett

Hearing date: 27 January 2015

Date of Last Submission: 27 January 2015

Delivered at: Sydney

Delivered on: 27 January 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr Matthew Alderton(Mills Oakley)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2787 of 2014

SZVFY

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 7 October 2014, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support of the application, the solicitor for the first respondent, Mr Alderton, tendered a letter dated 16 December 2014 from the first respondent’s solicitor to the applicant at the applicant’s address for service in Australia. That document was marked exhibit 1R.

3. Exhibit 1R enclosed the first respondent’s written submissions and advised the applicant that the matter is listed for hearing today at 9.30am before me. Exhibit1R also informed the applicant that the applicant is required to attend the scheduled hearing and that if there is no appearance, then the first respondent may seek orders that the application be dismissed with costs without further notice.

4. The applicant appeared at a directions hearing on 2 December 2014 before Registrar Segal. On that occasion, the applicant was given leave to file and serve an amended application and any evidence in support by 9 December 2014 and to file and serve written submissions by 10 December 2014. The matter was set down for a show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules2001 (Cth) today at 9.30 before me. The order made by Registrar Segal on 2 December 2014 also included an order that in the event there was no appearance by or on behalf of the applicant at the time of any scheduled court event, the application may be dismissed without further notice.

5. The applicant was assisted at that directions hearing by an interpreter, and I note that receipt of that order has been signed by the applicant. I also note that the applicant was provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. There has been no document filed by or on behalf of the applicant, either in accordance with those directions or otherwise. Neither has there been any communication received by the Court or the first respondent from the applicant either seeking an adjournment of today’s hearing or for any other reason.

6. In the circumstances, I am satisfied that the applicant is aware of today’s schedule hearing and for whatever reason has chosen not to attend. Accordingly, the order sought by the first respondent is appropriate and the proceeding before this Court, commenced by way of application filed on 7 October 2014,, should be dismissed with costs.

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

Associate:

Date:         29 January 2015