SZVZJ v Minister for Immigration

[2015] FCCA 206

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZVZJ v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 206

Catchwords:
MIGRATION – Review of Refugee Review Tribunal decision – summary dismissal under r.13.03C (1) (e).

Legislation:  
Migration Act 1958

Federal Circuit Court Rules 2001

Applicant: SZVZJ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 86 of 2015

Judgment of: Judge Street

Hearing date: 5 February 2015

Date of Last Submission: 5 February 2015

Delivered at: Sydney

Delivered on: 5 February 2015

REPRESENTATION

Counsel for the Applicant: N/A

Solicitors for the Applicant:

Counsel for the Respondent: Ms Johnson

Solicitors for the Respondent: Mills Oakley

ORDERS

1. The Application for leave to extend time is dismissed.

2. The applicant to pay the first respondent’s costs fixed in the sum of $1367.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 86 of 2015

SZVZJ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter within the court’s jurisdiction under s.476 of the Migration Act 1958 and leave is required under s.477. This is the first return date of the matter in relation to an application for a constitutional writ in respect of a decision of the Tribunal delivered on 14 November 2014. On the application filed, it identifies that all parties or their legal representatives should attend the hearing and that default orders be made if a party fails to attend, and the Court may hear, determine all interlocutory or final issues, or may give directions for future conduct of the proceedings.

2. In this application, the ground of alleged jurisdictional error is patently deficient and has no prospect of success.  The ground is as follows: 

   1. When I received the RRT decision, I thought that if I want to appeal to Federal Circuit Court, I need to hire a lawyer. I was living in financial hardship at that moment I do not have enough money to pay the lawyer’s fee. Recently, I met one of my friends from my hometown. He told me that I can appeal to Federal Circuit Court by myself. So I submitted my application to Federal Circuit Court until now.

3. The matter has been called, and the applicant is not present for the hearing of this matter. In circumstances where the applicant has failed to attend the matter can be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules. Where, on the face of the application, it is patently deficient, with no reasonable prospects of success, and there is a default of appearance the Court can proceed with the hearing determine the matter under r.13.03C(1)(e). I have proceeded to hear and determine the matter under r13.03C(1)(e). The grounds do not articulate any jurisdictional error. There is no apparent error in the face of the decision in which the applicant was found not to be a credible of reliable witness. There is no reasonable prospect of success on the grounds of the application and accordingly no merit in the application for leave to extend time under s.477. I dismiss the application for leave to extend time and order the applicant to pay the respondents costs fixed in the sum of $1367.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate:  KM

Date:  6 February 2015