Aha16 v Minister for Immigration

[2017] FCCA 2176

FEDERAL CIRCUIT COURT OF AUSTRALIA

AHA16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2176

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: AHA16

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 279 of 2016

Judgment of: Judge Emmett

Hearing date: 7 September 2017

Date of Last Submission: 7 September 2017

Delivered at: SYDNEY

Delivered on: 7 September 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Ms Louise Buchanan
(Australian Government Solicitor)

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

No. SYG 279 of 2016

AHA16

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 10 February 2016 be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”), by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. In support of that application, the solicitor for the first respondent tendered a letter dated 28 August 2017 and addressed to the applicant at the applicant’s address for service in Australia. That document was marked Exhibit 1R.

3. Exhibit 1R enclosed a copy of the first respondent’s submissions and reminded the applicant that the matter was listed for hearing today at 12:00pm and provided the address. Exhibit 1R also notified the applicant that if there was no appearance at the hearing, then the matter may be dismissed with costs without further notice.

4. The applicant attended a directions hearing before a registrar of this Court on 24 March 2016. On that occasion, the applicant was given leave to file and serve an amended application, any further evidence and submissions in support. However, no document has been filed by or on behalf of the applicant, either in accordance with those directions or otherwise.

RECORDED  :  NOT TRANSCRIBED

1. It is now 12:20pm. The matter has been called on at least two occasions outside.  There is no appearance from the applicant. Nor has there been any communication received from the applicant, either by the first respondent’s solicitor or by this Court, seeking an adjournment or for any other reason. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing and, for whatever reason, has chosen not to attend.

2. Accordingly, the orders sought by the first respondent are appropriate, and the proceeding before this Court commenced by way of application filed on 10 February 2016 should be dismissed with costs.

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

Date: 14  September 2017