AMS17 v Minister for Immigration

[2017] FCCA 2120

FEDERAL CIRCUIT COURT OF AUSTRALIA

AMS17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2120

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the Applicant – appropriate matter for Court to exercise powers under r.13.03C(l)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: AMS17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 343 of 2017

Judgment of: Judge Street

Hearing date: 4 September 2017

Date of Last Submission: 4 September 2017

Delivered at: Sydney

Delivered on: 4 September 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents:

Ms K Evans

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 applicant pay the first respondent’s costs fixed in the amount of $5,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 343 of 2017

AMS17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 12 January 2017 affirming a decision not to grant the applicant a protection visa.

2. On 10 May 2017, this Court made orders fixing the matter for hearing at 10:30am today. At the time the orders were made, a copy of the orders were sent to the applicant’s email address identified on the application. 

3. The matter has been called outside and the applicant has failed to appear. The first respondent has tendered an email dated 10 May 2017 as well as a letter sent to the applicant on 28 August 2017 notifying the applicant of the hearing day. Albeit that the address may have been incorrect on that letter, the address was not incorrect on the email of 10 May 2017. That letter was sent by express post to the address identified on the application. 

4. A further email was sent by the solicitors for the first respondent to the applicant on 4 September 2017. Further, the Court endeavoured to contact the applicant on the telephone number identified on the application and the phone call rang out. 

5. The first respondent has moved the for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules2001. I am satisfied that the applicant was aware of the hearing date and that the applicant was aware of the relevant Court address at which to appear.

6. Accordingly, I am satisfied that the application should be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules2001.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 8 September 2017