AHN17 v Minister for Immigration

[2017] FCCA 1275

FEDERAL CIRCUIT COURT OF AUSTRALIA

AHN17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1275

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by or on behalf of the applicant – appropriate matter for the Court to exercise its powers under r.13.03C(1)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: AHN17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 196 of 2017

Judgment of: Judge Street

Hearing date: 14 June 2017

Date of Last Submission: 14 June 2017

Delivered at: Sydney

Delivered on: 14 June 2017

REPRESENTATION

The applicant appeared in person

Solicitors for the Respondents: Mr T Galvin
Minter Ellison

ORDERS

1. The application is dismissed under 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 $5,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 196 of 2017

AHN17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

Background

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision of the Immigration Assessment Authority (“the Authority”) under Part 7AA made on 23 September 2016 affirming the decision of the delegate not to grant the applicant a protection visa.

2. On 23 February 2017, a Registrar of the Court made orders fixing the matter for hearing today at 10:15am. The orders expressly identified that the hearing was taking place in the Lionel Bowen Building. It is now past 11:15am and the applicant has failed to appear. 

3. The first respondent has moved for an order under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 for the matter to be dismissed. The first respondent has tendered a letter dated 6 June 2017 sent to the applicant’s address as identified on the application foreshadowing an application to have the matter dismissed with costs if the applicant failed to appear. The first respondent also noted that the applicant had appeared on the first return date when the matter was fixed by the registrar for hearing today. I am satisfied that the applicant was aware of the hearing date. 

4. 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.

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

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 18 July 2017