Arefin v Minister for Immigration

[2016] FCCA 408

FEDERAL CIRCUIT COURT OF AUSTRALIA

AREFIN & ANOR v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 408

Catchwords:
MIGRATION – Review of decision of former Migration Review Tribunal – interlocutory dismissal of show cause application – non appearance of the applicant.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

First Applicant: KAMELIA AREFIN

Second Applicant: REAZN UDDIN AHMED

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3649 of 2014

Judgment of: Judge Driver

Hearing date: 1 March 2016

Delivered at: Sydney

Delivered on: 1 March 2016

REPRESENTATION

No appearance by or on behalf of the Applicants

Solicitors for the Respondents: Ms N Blake of Clayton Utz

INTERLOCUTORY ORDERS

1. The name of the second respondent is amended to the Administrative Appeals Tribunal.

2. Pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), the application is dismissed.

3. The applicants are to pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $3,416 in accordance with rule 44.15(1) and item 2 of Division 1 of Part 3 to the Federal Circuit Court Rules 2001 (Cth).

4. The Court directs that the Minister is to arrange to have these orders entered and the Minister is to cause a sealed copy of these orders to be served on the applicant by ordinary pre-paid post at his nominated address for service, together with a copy of rule 16.05 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3649 of 2014

KAMELIA AREFIN

First Applicant

REAZN UDDIN AHMED

Second Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. I have before me an application filed on 30 December 2014 seeking review of a decision of the former Migration Review Tribunal, now the Administrative Appeals Tribunal (Tribunal).  That decision was made on 3 December 2014.  The Tribunal affirmed decisions of a delegate of the Minister not to grant the applicants temporary student visas.  There are two applicants.  The first applicant is the principal applicant, Mrs Arefin; the second applicant is, I understand, her husband.

2. The matter came before the Court for first court date directions on 19 February 2015.  At that time it appears Mrs Arefin appeared in person, and orders were made by consent preparing the matter for a show cause hearing today.  Provision was made for the filing of an amended application and additional evidence, but nothing further has been filed by or on behalf of Mrs Arefin. 

3. When the matter was called today, there was no appearance by or on behalf of Mrs Arefin or her husband.  The matter has been called twice, and there was no answer to the call.  There is no explanation for their non-attendance.  An attempt was made to contact Mrs Arefin on her nominated telephone number before I came on the bench; that attempt was unsuccessful.  No connection could be made with the nominated telephone number.  Exhibit R1 is a letter tendered on behalf of the Minister to Mrs Arefin and her husband at their nominated address for service.  The letter is dated 23 February 2016.  The letter provided a copy of the Minister’s submissions, and reminded them of the hearing today at level 13, 80 William Street, Sydney, at 9.30 am.  The letter warned that if there was no appearance by or on behalf of them, the Minister would seek to have the matter dismissed with costs. 

4. I will order that, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (Federal Circuit Court Rules), the application be dismissed.

5. In consequence, the Minister is seeking an order for costs in accordance with the Court scale. I will order that the applicants are to pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $3,416 in accordance with rule 44.15(1) and item 2 of Division 1 of Part 3 to the Federal Circuit Court Rules.

6. The Court directs that the Minister is to arrange to have these orders entered and the Minister is to cause a sealed copy of these orders to be served on the applicant by ordinary pre-paid post at his nominated address for service, together with a copy of rule 16.05 of the Federal Circuit Court Rules.

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

Associate: 

Date:  1 March 2016