SZOBP v Minister for Immigration & Anor [2010] FMCA 69 (4 February 2010)

Last Updated: 16 February 2010

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZOBP v MINISTER FOR IMMIGRATION & ANOR

[2010] FMCA 69

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 failure of the applicant to appear.

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

Applicant:

SZOBP

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 3086 of 2009

Judgment of:

Emmett FM

Hearing date:

4 February 2010

Date of Last Submission:

4 February 2010

Delivered at:

Sydney

Delivered on:

4 February 2010

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondent:

Mr J. Pinder, DLA Phillips Fox

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG 3086 of 2009

SZOBP

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the application, filed on 17 December 2009, be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 by reason of the failure of the applicant to attend this morning’s first court date hearing.
2. In support of the application, the applicant tendered a letter, dated 22 December 2009, on DLA Phillips Fox letterhead addressed to the applicant at the only address identified by the applicant on each of the application, filed on 17 December 2009, and the affidavit in support of the applicant, sworn 17 December 2009 and filed 17 December 2009. That letter is marked Exhibit 1R.
3. Exhibit 1R informs the applicant of this morning’s directions hearing, and gives the date, time and full address of the Court. The letter also informs the applicant that, if the applicant does not attend this morning’s direction hearing, the first respondent may seek to have the application dismissed with costs for non-appearance. There has been no communication received from the applicant, or anyone on behalf of the applicant, either by this Court or the first respondent, or the first respondent’s lawyers, either seeking an adjournment of today’s directions hearing, or otherwise.
4. The application, which appears to be signed by the applicant, makes clear the date and time for this morning’s directions hearing. The applicant has been called on three occasions outside the Court this morning. It is now 10.40am. The matter was listed for directions at 10.00am.
5. In the circumstances, I am satisfied that the applicant is, or should have been, aware of today’s first court date hearing and, for whatever reason, has chosen not to attend. In the circumstances, it is appropriate that the order sought by the first respondent be made.

I certify that the preceding 5Error! Style not defined.!Syntax Error, !Error! Style not defined.Error! Style not defined.!Syntax Error, !fivefive (5) paragraphs are a true copy of the reasons for judgment of Emmett FM

Deputy Associate: E. Maconachie

Date: 12 February 2010