Acharya v Minister for Home Affairs

[2019] FCCA 1710

FEDERAL CIRCUIT COURT OF AUSTRALIA

ACHARYA v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1710

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03C

Applicant: ISHA ACHARYA

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 906 of 2018

Judgment of: Judge Emmett

Hearing date: 13 June 2019

Date of Last Submission: 13 June 2019

Delivered at: Sydney

Delivered on: 13 June 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitor for the Respondents: Ms Sophie Given
(HWL Ebsworth Lawyers)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 906 of 2018

ISHA ACHARYA

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

EX TEMPORE

1. The first respondent seeks an order that the proceeding before this Court commenced by way of application, filed on 3 April 2018, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) by reason of the failure of the applicant to attend today's scheduled directions hearing.

2. In support, the first respondent's solicitor tendered a copy of a letter dated 7 June 2018 from the first respondent's solicitors addressed to the applicant at the applicant's address for service in Australia. That letter was marked Exhibit 1R. 

3. Exhibit 1R enclosed, by way of service, a sealed copy of the Court Book and further reminded the applicant of the callover this morning at 10:00am before me as well as providing the location of the Courtroom.  Exhibit 1R also informed the applicant that if the applicant did not attend the scheduled callover, then the first respondent would seek orders from the Court that the application be dismissed with costs. 

4. On 26 April 2018, the applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in English. On that occasion, the matter was set down today at 10:00am for callover before me. 

5. The time is now 11:00am. The matter has been called on at least two occasions, the most recent being within the last five minutes.

6. There has been no communication received from the applicant either by the first respondent's solicitor or by the Court seeking an adjournment of today's directions hearing or for any other reason. Accordingly, I am satisfied that the applicant is aware of today's directions hearing and, for whatever reason, chose not to attend.

7. In the circumstances, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 3 April 2018, should be dismissed with costs.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 21 June 2019