AMY16 v Minister for Immigration and Border Protection

[2018] FCA 290

FEDERAL COURT OF AUSTRALIA

AMY16 v Minister for Immigration and Border Protection [2018] FCA 290

Appeal from:	AMY16 v Minister for Immigration and Border Protection [2017] FCCA 2186
File number:	NSD 1671 of 2017
Judge:	ALLSOP CJ
Date of judgment:	8 March 2018
Legislation:	Federal Court Rules 2011 (Cth), r 36.75
Date of hearing:	8 March 2018
Registry:	New South Wales
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Appellant:	The Appellant did not appear
Counsel for the First Respondent:	Mr T Reilly
Solicitor for the First Respondent:	Australian Government Solicitor

ORDERS

NSD 1671 of 2017

BETWEEN:

AMY16

Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	ALLSOP CJ
DATE OF ORDER:	8 MARCH 2018

THE COURT ORDERS THAT:

1.Pursuant to order r 36.75(1)(a) of the Federal Court Rules 2011 (Cth), the appeal be dismissed with costs.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Revised from the transcript)

ALLSOP CJ:

1. This is an appeal from orders made by a Federal Circuit Court judge on 8 September 2017 dismissing an application for review of a decision of the Administrative Appeals Tribunal affirming a decision of the delegate of the Minister not to grant the applicant a Protection Visa.  The decision was made on 15 February 2016.  The application for review was heard and decided on 8 September 2017.  On 18 September 2017, the appellant signed and filed a notice of appeal.  The appeal came on for directions before Registrar McCormick on 3 October 2017 and directions were made for the filing of submissions and the preparation of the case.

2. The matter was set down for hearing at not before 11:15am today.  That listing was made prior to 28 February on which date the Australian Government Solicitor sent to the appellant at his address for service on the notice of appeal the Minister’s submissions, notwithstanding the fact that his submissions had not been filed.  The letter reminded him that the appeal was listed for hearing at 11:15 am on 8 March 2018 at the Federal Court.  On 5 February 2018, the New South Wales Appeals Unit sent to the appellant at the email address provided by him on his notice of appeal a letter which informed him that the matter was listed for hearing before me on 8 March 2018 in Sydney.  The Minister, through the Australian Government Solicitor, on 28 February reminded him of that and identified the time.  From the procedures undertaken in the Court and the Appeals Unit, I am confident that the appellant was informed by the Court as to the time of the matter today.

3. There is no appearance by the appellant. Mr Reilly, on behalf of the Minister, asks for an order under r 36.75(1)(a) of the Federal Court Rules 2011 (Cth). In the circumstances, I am prepared to make that order. There are no submissions before the Court. I have read the decision record of the Administrative Appeals Tribunal. I do not see any obvious jurisdictional error which would persuade me that the use of r 36.75(1)(a) is inappropriate. I have read the reasons of the primary judge and make the same comment in that I do not see, on their face, any obvious error which would persuade me not to make that order.

4. Therefore I make an order pursuant to r 36.75(1)(a) that the appeal be dismissed with costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop.

Associate:

Dated:        12 March 2018