Amh16 v Minister for Immigration

[2016] FCCA 3263

FEDERAL CIRCUIT COURT OF AUSTRALIA

AMH16 & ORS v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 3263

Catchwords:
MIGRATION – Migration Act 1958 (Cth) – protection visa application – non-appearance at final hearing by Applicant – Application dismissed with costs.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

First Applicant: AMH16

Second Applicant: AMI16

Third Applicant: AMJ16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 499 of 2016

Judgment of: Judge Dowdy

Hearing date: 1 December 2016

Date of Last Submission: 1 December 2016

Delivered at: Sydney

Delivered on: 1 December 2016

REPRESENTATION

No appearance by or for the Applicant.

Counsel for the Respondents: Ms L Buchanan.

Solicitors for the Respondents: Australian Government Solicitor.

THE ORDERS OF THE COURT ARE AS FOLLOWS:

1. The Application filed in this Court on 7 March 2016 is dismissed for want of appearance at the final hearing today.

2. The First and Second Applicants pay the First Respondent’s costs of the proceeding in the sum of $7,206.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 499 of 2016

AMH16

First Applicant

AMI16

Second Applicant

AMJ16

Third Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

1. In this matter the first return date of the Application was 1 April 2016.  Notwithstanding that the Application had been filed by a lawyer, Mr Panwala, of Unisaj Legal, the Applicant appeared in person on that first directions date and signed consent orders which provided for the preparation of the matter for hearing and which included the setting down of the matter for final hearing before me today, being 1 December 2016 at 10.15 am at Court 9.3 here at 80 William Street. 

2. Because of lift problems here the case had to be heard in Court 8.2. However, every step has been made to check whether or not the Applicant in fact appeared today at Court 9.3, and I am satisfied that as at the time of delivering this judgment, that is, at 10.45am, he has not appeared at Court 9.3 since prior to 10.15am, the appointed time for hearing, or in the changed court, Court 8.2.

3. The Applicant, accordingly, knew in person on 1 April that the hearing was to take place today.  Further, there has been filed in Court a Notice of Intention to Withdraw as a Lawyer by Mr Panwala dated 26 September 2016 and in that document he correctly listed the matter as being heard today.  Subsequent to that, on 5 October 2016 he signed and filed the following day his Notice of Withdrawal as a Lawyer.  Further, Exhibit A is a letter from the Australian Government Solicitor, dated 24 November 2016, addressed to the Applicants, and I should have made this point earlier, there are, in fact, three Applicants:  AMH16, AMI16 and AMJ16.  In that letter which was addressed to the three Applicants, the Australian Government solicitor reminded them that their Application was to be heard at 10.15am today at Court 9.3, and the letter also enclosed the Minister’s Outline of Submissions.

4. In all the circumstances, I am satisfied that the Applicants knew or are reasonably taken to have known of their Application being heard today but they have not appeared, and the Minister therefore naturally asks that their Applications be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) as being Applicants who are absent, and I propose to make that order, and I now make it.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Dowdy

Date:     20 December 2016