AMN17 v Minister for Immigration

[2017] FCCA 943

FEDERAL CIRCUIT COURT OF AUSTRALIA

AMN17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 943

Catchwords:
MIGRATION – Application to review decision of Administrative Appeals Tribunal – no appearance.

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03

Applicant: AMN17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 341 of 2017

Judgment of: Judge Barnes

Hearing date: 3 May 2017

Delivered at: Sydney

Delivered on: 3 May 2017

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondents: DLA Piper

ORDERS

1. There being no appearance by the Applicant, the application of 7 February 2017 is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules.

2. The Applicant pay the costs of the First Respondent fixed in the sum of $1,700.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 341 of 2017

AMN17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application for review of a decision of the Administrative Appeals Tribunal dated 16 January 2017.  The Applicant sought review by application filed in this court on 7 February 2017.  The matter was listed for a first court date before a registrar on 20 April 2017.  That information is contained in the Notice of Filing and Hearing form attached to the application. 

2. It is apparent from the orders made by the registrar on that day that there was no appearance by the Applicant. In those circumstances, having regard to the doubt as to whether the registrar can exercise the powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), the matter was listed for directions before me today at 9:30am. The registrar’s orders recorded the address, time and date of the directions hearing.

3. The Minister has tendered and relied on a copy of a letter said to have been sent by express post (as indicated by express post stickers), to the Applicant at both his address for service and the home address provided on the application for review.  The letters advised him that the matter was listed today at the time, date and place directed by the registrar and informed him that if he did not attend the Minister would seek to have the matter dismissed with costs for non-appearance.

4. There was no appearance by the Applicant today at the time the matter was listed.  Nor is there any appearance now some twenty minutes later.  In these circumstances it is appropriate to make the orders sought by the First Respondent. 

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

Date: 10 May 2017