Al Hamid v Minister for Immigration

[2016] FCCA 2597

FEDERAL CIRCUIT COURT OF AUSTRALIA

AL HAMID & ORS v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 2597

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Temporary Business Entry (Class UC) visas – no appearance by the applicants – application of r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 – application dismissed.

Legislation:

Migration Act 1958 (Cth), s. 476.

Federal Circuit Court Rules 2001, r.13.03C(1)(c), 44.12.

First Applicant: MAIDA AL HAMID

Second Applicant: ABDUL AL HAMID

Third Applicant: MUCHAMMAD SADIQ AL HAMID

Fourth Applicant: AMINAH AL HAMID

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1555 of 2016

Judgment of: Judge Street

Hearing date: 7 October 2016

Date of Last Submission: 7 October 2016

Delivered at: Sydney

Delivered on: 7 October 2016

REPRESENTATION

Solicitors for the Respondents:

Ms A Wong

Mills Oakley Lawyers

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The First, Second, and Third Applicants pay the costs of the First Respondent fixed in the amount of $3,606.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1555 of 2016

MAIDA AL HAMID

First Applicant

ABDUL AL HAMID

Second Applicant

MUCHAMMAD SADIQ AL HAMID

Third Applicant

AMINAH AL HAMID

Fourth Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Application of r.13.03C(1)(c)

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 Administrative Appeals Tribunal (“the Tribunal”) made on 2 June 2016 which held that the Tribunal did not have jurisdiction to review the decision of the delegate to grant the applicants Temporary Business Entry (Class UC) visas.

2. The first respondent has moved under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001, for the application to be dismissed for want of appearance by the applicant. 

3. On 11 August 2016, a Registrar of the Court made orders fixing the matter for hearing today under r.44.12 of the Rules.

4. A signed copy of the orders by the applicants’ then legal representative has been tendered by the first respondent. The first respondent has also tendered a letter dated 30 September sent to the applicants’ address, as identified on the latest notice of intention to withdraw as lawyer filed on 21 September 2016. The address is also the same address as identified on the application for review that was filed before the Tribunal and is the same address as identified on the application that was filed by the applicant in this Court on 20 June 2016.

5. I am satisfied on the evidence before the Court, that the applicants were aware of today’s hearing date. I am satisfied this is an appropriate case in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

6. 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: 24 November 2016