Adq17 v Minister for Immigration

[2019] FCCA 1325

FEDERAL CIRCUIT COURT OF AUSTRALIA

ADQ17 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1325

Catchwords:
MIGRATION – Immigration Assessment Authority.

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: ADQ17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 87 of 2017

Judgment of: Judge Emmett

Hearing date: 16 May 2019

Date of Last Submission: 16 May 2019

Delivered at: Sydney

Delivered on: 16 May 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr Tom Hillyard
(Sparke Helmore)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 87 of 2017

ADQ17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 11 January 2017, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support, the first respondent’s solicitor tendered a letter marked Exhibit 1R. Exhibit 1R is dated 9 May 2019 and is addressed to the applicant at the applicant’s address for service in Australia and informs the applicant, inter alia, that the first respondent would seek orders from the Court that the matter be dismissed with costs in the event that the applicant did not attend today’s scheduled hearing.

3. I note that the applicant attended a directions hearing before a Registrar of this Court on 25 May 2017 and on that occasion was given leave to the file and serve an amended application, any further evidence and submissions in support of his application. I further note that the applicant was provided with contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. The matter was set down at that directions hearing for final hearing today, 16 May 2019, at 10:15am before me. 

4. On 2 May 2019, my Chambers wrote to the applicant at his address for service in Australia informing the applicant that the time of the hearing had been changed from 10:15am to 11:00am. That letter also provided the location of the courtroom. That letter will be marked Exhibit 2R.

5. No document has been filed by or on behalf of the applicant either in accordance with the Court’s directions or otherwise. There has been no communication received from the applicant, either by the first respondent’s solicitors or by the Court, seeking an adjournment of today’s hearing or for any other reason.

6. It is now 11:21am. The matter has been called on at least 3 occasions outside the courtroom, most recently being within the last five minutes. 

7. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and for whatever reason has chosen not to attend.

8. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court should be dismissed with costs. 

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate: 

Date:  21 May 2019