ACO16 v Minister for Immigration

[2017] FCCA 2156

FEDERAL CIRCUIT COURT OF AUSTRALIA

ACO16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2156

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

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: ACO16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 63 of 2016

Judgment of: Judge Street

Hearing date: 6 September 2017

Date of Last Submission: 6 September 2017

Delivered at: Sydney

Delivered on: 6 September 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Mr J Pinder
Minter Ellison

ORDERS

1. The application is dismissed pursuant to 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 $5,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 63 of 2016

ACO16

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 Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 10 December 2015, affirming a decision of the delegate not to grant the applicant a protection visa.

2. The proceedings were commenced on 13 January 2016. On 17 May 2017, this Court made orders fixing the matter for hearing today, at 10:15am. It is now 10:55am, and the matter has been called outside the Court, and the applicant has failed to appeal. 

3. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has tendered a copy of the email dated 17 May 2017, confirming that the orders were sent to the applicant’s address identified on the application.

4. The first respondent has also tendered a letter dated 29 August 2017 sent to the applicant’s two addresses identified on the application, foreshadowing an application to have the matter dismissed together with costs if the applicant failed to appear. A further email, dated 29 August 2017, was sent to an email address on the Court file to the applicant, reminding the applicant of the hearing date and again, foreshadowing an application for the matter to be dismissed, with costs, if the applicant failed to appear, by attaching a copy of the letter dated 29 August 2017.

5. On the material before the Court, I am satisfied that the applicant was aware of the hearing date. 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.

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

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 8 September 2017