Aec17 v Minister for Immigration

[2019] FCCA 1348

FEDERAL CIRCUIT COURT OF AUSTRALIA

AEC17 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1348

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: AEC17

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 97 of 2017

Judgment of: Judge Emmett

Hearing date: 21 May 2019

Date of Last Submission: 21 May 2019

Delivered at: Sydney

Delivered on: 21 May 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms Sophie Lloyd
(HWL Ebsworth)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 97 of 2019

AEC17

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

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 12 January 2017, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the applicant's failure to attend today’s scheduled hearing.

2. In support, the first respondent's solicitor, Ms Sophie Lloyd tendered two documents, together marked Exhibit 1R. The first document is a copy of the letter dated 13 May 2019 addressed to the applicant at the applicant's postal address, as identified by the applicant at the first court date. The second document is a copy of an email to the applicant that attaches a copy of that letter. I note that the email is also addressed to the applicant at the email address identified by the applicant at the first court date.

3. Exhibit 1R enclosed the first respondent's submissions and reminded the applicant that the matter was listed for hearing today at 10:15am and provided the location of the courtroom. Exhibit 1R also informed the applicant that if the applicant did not attend the scheduled hearing, then the first respondent would seek orders from the Court that the application be dismissed with costs.

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

5. On 26 May 2017, the applicant filed a Notice of Change of Address for Service, and I note that the address identified on that document is the same as on Exhibit 1R.

6. The matter has now been called on at least two occasions outside the courtroom, the most recently being in the last five minutes.

7. It is now 10:40am. 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 hearing or for any other reason. Further, I note there has been no other document filed by or on behalf of the applicant either in accordance with those directions or otherwise other than the Notice of Change of Address for Service referred to above.

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

9. Accordingly, the orders sought by the first respondent are appropriate, and the proceeding should be dismissed with costs. 

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 24 May 2019