AMW17 v Minister for Immigration

[2017] FCCA 1995

FEDERAL CIRCUIT COURT OF AUSTRALIA

AMW17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1995

Catchwords:
MIGRATION – Failure to appear – applicant left Australia – application for dismissal under r.13.03C(1)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: AMW17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 352 of 2017

Judgment of: Judge Street

Hearing date: 21 August 2017

Date of Last Submission: 21 August 2017

Delivered at: Sydney

Delivered on: 21 August 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Ms E Cheesman
Clayton Utz

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 $7,206.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 352 of 2017

AMW17

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 25 January 2017.

2. The matter was fixed for hearing today before the Court and the applicant has been called and the applicant has failed to appear. An affidavit has been filed by the first respondent indicating that the applicant departed Australia on 1 August 2017. I am satisfied that the applicant was aware of the hearing date today. 

3. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Rules 2001. I am satisfied that this is the appropriate manner in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules. 

4. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules. 

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

Date: 12 October 2017