Ali v Minister for Immigration

[2019] FCCA 1161

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALI & ORS v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1161

Catchwords:
MIGRATION – Application to reinstate application to review decision of Administrative Appeals Tribunal.

First Applicant: ABDUL HAMEEM  ALI

Second Applicant: FARAZNA FAREEN SHAH

Third Applicant: ARHAM ABDUL ALI

Fourth Applicant: ASHIR ABDUL ALI

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3010 of 2017

Judgment of: Judge Barnes

Hearing date: 2 May 2019

Delivered at: Sydney

Delivered on: 2 May 2019

REPRESENTATION

Solicitors for the Applicants: No appearance

Solicitors for the Respondents: Mills Oakley Lawyers

ORDERS

1. There being no appearance by the Applicants, the application in a case filed on 8 April 2019 is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The First and Second Applicants pay the costs of the First Respondent fixed in the sum of $500. 

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3010 of 2017

ABDUL HAMEEM ALI

First Applicant

FARAZNA FAREEN SHAH

Second Applicant

ARHAM ABDUL ALI

Third Applicant

ASHIR ABDUL ALI

Fourth Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. Before me is an application in a case seeking reinstatement of the Applicants’ application for review of a decision of the Administrative Appeals Tribunal. That application was listed for callover on 13 March 2019 and the Applicants did not appear. The application was dismissed on that day pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. On 8 April 2019 the Applicants filed an application in a case seeking reinstatement.  As noted on the notice of filing and hearing, it was listed for directions at 9:30am today for a hearing time to be allocated.  There was no appearance by any of the Applicants this morning at the time the matter was listed.  Nor is there any appearance now, some 25 minutes later. 

3. In the interim, my associate has checked on each of the other levels on which the court operates in this building and there is no indication that the Applicants are in the building.  The court is not aware of any correspondence from the First Applicant in explanation for his non-appearance today. 

4. In the circumstances it is appropriate to order, as sought by the solicitor for the Minister, that the application in a case be dismissed for non-appearance pursuant to rule 13.03C(1)(c) with costs.

5. The amount sought for costs is reasonable and appropriate in light of the nature of this and other similar matters. 

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

Date: 3 May 2019