SZVWG v Minister for Immigration

[2016] FCCA 1608

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZVWG v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1608

Catchwords:
MIGRATION – Application to review decision of Refugee Review Tribunal, now Administrative Appeals Tribunal – non-appearance by applicant.

Legislation:

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

Applicant: SZVWG

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3530 of 2014

Judgment of: Judge Barnes

Hearing date: 22 June 2016

Delivered at: Sydney

Delivered on: 22 June 2016

REPRESENTATION

The Applicant: No Appearance

Solicitors for the Respondents: Sparke Helmore

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 18 December 2014 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth).

3. The Applicant pay the costs of the First Respondent fixed in the sum of $3,800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3530 of 2014

SZVWG

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 (now the Administrative Appeals Tribunal).  The Applicant sought review by application filed on 18 December 2014.  He attended a direction hearing on 5 February 2015 on which date the matter was listed for hearing today at 10.15am at John Maddison Tower. 

2. There is evidence before me of subsequent communication with the Applicant including notification that the hearing would be in 80 William Street, Sydney.  The Court wrote to the Applicant by letter dated 23 May 2016 sent to both the post office box and residential address he provided informing him of the change of venue.  In addition, the solicitor for the First Respondent has tendered correspondence sent to the Applicant. These letters notified the Applicant of the date, time and place of the hearing and informed him that if he did not appear the First Respondent would seek orders that his matter be dismissed and that he pay the Minister’s legal costs.  Such letters were sent by registered mail to the Applicant’s post office box and residential address.

3. Most recently, on 15 June 2016, the solicitor for the First Respondent again wrote to the Applicant by registered mail to both addresses enclosing by way of service the First Respondent’s submissions and again reminding him of the date, time and place of the hearing, the need for him to attend and the possibility that if he did not attend the Minister would seek orders that his matter be dismissed and that he pay the Minister’s legal costs.

4. The Applicant was not present at the time when the matter was listed for hearing.  Nor is he present now over half an hour later.  There is no evidence of him having contacted the Court or the solicitor for the First Respondent to explain his non-appearance.

5. In these circumstances I am satisfied that all appropriate steps have been taken to put the Applicant on notice of the time, date and change in venue of his hearing. In his absence it is appropriate to dismiss the matter for non-appearance pursuant to Rule 13.01C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and to order that he pay the Minister’s legal costs of the proceedings.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Barnes

Date: 29 June 2016