Ape15 v Minister for Immigration

[2015] FCCA 1550

FEDERAL CIRCUIT COURT OF AUSTRALIA

APE15 & ANOR v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1550

Catchwords:
MIGRATION – Refugee Review Tribunal – protection (class XA) visa – no jurisdictional error.

PRACTICE AND PROCEDURE – Summary dismissal for want of appearance – proceedings summarily dismissed.

Legislation: 
Federal Circuit Court Rules 2001, r.13.03A

Migration Act 1958 ss.476, 477

Applicant: APE15

Applicant: APF15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1161 of 2015

Judgment of: Judge Street

Hearing date: 4 June 2015

Date of Last Submission: 4 June 2015

Delivered at: Sydney

Delivered on: 4 June 2015

REPRESENTATION

No appearance by the Applicant

Solicitors for the Respondent: Ms B. Griffin
Australian Government Solicitor

ORDERS

1. The application be dismissed under Rule 13.03(a) of the Federal Circuit Court Rules 2001.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1161 of 2015

APE15

Applicant

APF15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction of s.476 of the Migration Act 1958 in respect of a decision that the Tribunal made on 20 March 2015. The proceedings in this Court were filed on 27 April 2015 and an extension of time was required under s.477.

2. The matter was listed of the first Court date at 9.30 am this morning and it is now 9.55 am. The applicant has been called outside the Court both by the pseudonym and with the benefit of an order requiring no recording or publication, by the applicant’s full name. The applicant has failed to appear. The respondent moves to have the matter dismissed through default of appearance under r.13.03A. I dismiss the application under r.13.03A.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  9 June 2015