Abouarida v Minister for Immigration

[2017] FCCA 919

FEDERAL CIRCUIT COURT OF AUSTRALIA

ABOUARIDA v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 919

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for Court to exercise powers under r.13.03C(1)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476
Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: MOUSTAFA ABDELMAKSOUD  ABOUARIDA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2550 of 2016

Judgment of: Judge Street

Hearing date: 5 May 2017

Date of Last Submission: 5 May 2017

Delivered at: Sydney

Delivered on: 5 May 2017

REPRESENTATION

No appearance by the Applicant.

Solicitors for the Respondents:

Ms KJ Crawford

HWL Ebsworth Lawyers

ORDERS

1. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The Applicant pay the First Respondent’s costs fixed in the amount of $5,600.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2550 of 2016

MOUSTAFA ABDELMAKSOUD ABOUARIDA

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”), in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 12 August 2016. The proceedings were commenced on 16 September 2016 and on 15 December 2016 a Registrar of the Court made orders fixing the matter for hearing today at 2:15 pm. The matter has been called and the applicant has failed to appear.

2. The first respondent has made an application for an order under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 to have the application dismissed. The first respondent has tendered a letter sent by express post to the applicant’s address as identified on the originating application, as well as an email sent to the applicant’s email address as was identified on the first return date by the applicant. 

3. I am satisfied that the applicant was aware of the hearing date today. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I note that no explanation has been given to the first respondent for the failure of the applicant to appear. 

4. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

Date: 1 June 2017