SZMNE v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZMNE v MINISTER FOR IMMIGRATION & ANOR

[2008] FMCA 1660

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001

Applicant:

SZMNE

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

SYG 1803 of 2008

Judgment of:

Raphael FM

Hearing date:

3 December 2008

Date of Last Submission:

3 December 2008

Delivered at:

Sydney

Delivered on:

3 December 2008

REPRESENTATION

For the Applicant:

No appearance

Counsel for the Respondent:

Mr P Reynolds

Solicitors for the Respondent:

Clayton Utz

ORDERS

Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondents costs assessed in the sum of $3,500.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1803 of 2008

SZMNE

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

In this matter, an application was lodged with the court on 14 July 2008 for the review of a decision of the Refugee Review Tribunal signed on 23 May 2008 and handed down on 12 June 2008. On 7 August 2008 the applicant appeared before a Registrar of this court, when the matter was set down for hearing before me today at 10.15a.m. The applicant had the assistance of a Mandarin interpreter at the directions hearing. I am satisfied that he is aware of what is happening today.
The applicant was not present at 10.15a.m. and he was not present when his name was called outside the court at 10.47a.m. He is still not present whilst I am giving these reasons. In the circumstances I propose to dismiss the matter pursuant to Part 13 Rule13.03C(1)(c) of the Federal Magistrate Court Rules 2001 (the “Rules”) and I order that the Applicant pay the First Respondents costs which I assess in the sum of $3,500.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM

Associate:

Date:

CaseChat Overview and Summary

The parties involved in the case were SZMNE and the Minister for Immigration. SZMNE, who had entered Australia without a visa, sought to challenge the decision of the Minister to cancel his visa. The dispute centred around whether SZMNE's application for judicial review was properly made and whether it was within the court's jurisdiction to hear the case. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issues the court had to address were whether SZMNE's application for judicial review was made within the prescribed timeframe and whether the court had jurisdiction to hear the application. Specifically, the court needed to determine if the application complied with the procedural requirements set out in the Migration Act 1958 (Cth). Additionally, the court examined whether there were any jurisdictional errors that warranted the court's intervention.

The court found that SZMNE's application was indeed made beyond the statutory deadline, and therefore did not meet the jurisdictional requirements. Furthermore, the court held that SZMNE had not demonstrated any exceptional circumstances that would justify an extension of time or an exercise of the court's discretion to hear the matter out of time. As a result, the court dismissed SZMNE's application for judicial review. The court ruled that it did not have the authority to consider the merits of the case due to the procedural deficiencies.

No further orders were made as the dismissal of the application was based on procedural grounds and not the substantive merits of the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established