Alzoubi v Minister for Immigration

[2018] FCCA 2326

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALZOUBI v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 2326

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: M’OATH AHMAD SALEH ALZOUBI

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3447 of 2016

Judgment of: Judge Emmett

Hearing date: 21 August 2018

Date of Last Submission: 21 August 2018

Delivered at: Sydney

Delivered on: 21 August 2018

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Counsel for the Respondents: Ms Natasha Laing

Solicitors for the Respondents: DLA Piper Australia

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3447 of 2016

MO’ATH AHMAD SALEH ALZOUBI

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

EX TEMPORE

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 6 December 2016, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. Counsel for the first respondent, Ms Laing, read the affidavit of Charlotte Elizabeth Saunders, affirmed 20 August 2018, which annexed two documents. The first document is undated and the Court was not able to be informed about what the purpose of the meaning of that document was, or the reason for its inclusion. The second document, which again appears to be undated, seems to show that the applicant departed the country on 25 August 2017. Ms Saunders deposes that by examining the records, she is instructed and believes that the applicant is no longer in Australia, having departed on 25 August 2017, and does not hold a visa which would permit the applicant to re-enter Australia. 

3. The applicant attended a directions hearing before a registrar of this Court on 6 April 2017. On that occasion, the applicant was given leave to file and serve an Amended Application, any further evidence by way of affidavit, and submissions in support of his application. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. The applicant had the assistance of an interpreter, and the matter was set down for final hearing today at 10:15am before me. 

4. It is now 10:55am. The matter has been called on at least two occasions.

5. Counsel for the first respondent also tendered a letter dated 14 August 2018, marked exhibit 1R, addressed to the applicant at the applicant’s address for service in Australia. That letter provided the location, day and date of today’s hearing, and informed the applicant that if the applicant did not attend, then the first respondent may seek to have the matter dismissed with costs for non-appearance.

6. There has been no communication received by or on behalf of the applicant either from the first respondent or the Court seeking an adjournment of today’s hearing or for any other reason. 

7. Based on the evidence before me, I am satisfied that the applicant is aware of today’s hearing and for whatever reason has chosen not to attend. I also accept that it is more probable than not that the applicant departed Australia on 25 August 2017 and has not returned. 

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

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 23 August 2018