Kwon & Ors v Minister for Immigration & Anor [2009] FMCA 76 (3 February 2009)

Last Updated: 18 February 2009

FEDERAL MAGISTRATES COURT OF AUSTRALIA

KWON & ORS v MINISTER FOR IMMIGRATION & ANOR

[2009] FMCA 76

MIGRATION – Refugee Review Tribunal – practice and procedure – dismissal pursuant to rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 by reason of the failure of the applicants to appear.

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

First Applicant:

JUNG A KWON

Second Applicant:

JONG DEOK KIM

Third Applicant:

CHAN SONG KIM

Fourth Applicant:

NOAH KIM

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

MIGRATION REVIEW TRIBUNAL

File Number:

SYG 3049 of 2008

Judgment of:

Emmett FM

Hearing date:

3 February 2009

Date of Last Submission:

3 February 2009

Delivered at:

Sydney

Delivered on:

3 February 2009

REPRESENTATION

There was no appearance by or on behalf of the applicants

Solicitor for the Respondent:

Ms L. Weston, DLA Phillips Fox

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG 3049 of 2008

JUNG A KWON

First Applicant

JONG DEOK KIM

Second Applicant

CHANG SONG KIM

Third Applicant

NOAH KIM

Fourth Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the application, filed on 21 November 2008, in this matter is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) on the basis of the failure of the applicants, or any of them, to appear at this afternoon's directions hearing.
2. I note that the application together with an affidavit in support was filed on 21 November 2008 in the name of PSK Lawyers. There has been no communication received by the first respondent's lawyers or the Court from any of the applicants or any person on their behalf seeking an adjournment of this afternoon's directions hearing.
3. The initiating application clearly states the first court date will be today, 3 February 2009 at 2.15pm. In the circumstances, I am satisfied that the applicants were or should have been aware of today’s first court date and for whatever reason have chosen not to attend accordingly, the orders sought by the first respondent ought be made.
4. The proceeding before this Court commenced by way of application, filed on 21 November 2008 is dismissed with costs.

RECORDED : NOT TRANSCRIBED

ORDER DELIVERED

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

Deputy Associate: E. Maconachie

Date: 9 February 2009