Asf18 v Minister for Home Affairs

[2019] FCCA 1711

FEDERAL CIRCUIT COURT OF AUSTRALIA

ASF18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1711

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

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

Applicant: ASF18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 415 of 2018

Judgment of: Judge Emmett

Hearing date: 13 June 2019

Date of Last Submission: 13 June 2019

Delivered at: Sydney

Delivered on: 13 June 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr David Baddeley
(Mills Oakley)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 415 of 2018

ASF18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court commenced by way of application filed on 16 February 2018 be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) by reason of the failure of the applicant to attend today’s scheduled directions hearing.

2. The applicant attended a directions hearing before a registrar of this Court on 12 March 2018. On that occasion, the applicant was given leave to file an amended application, any further evidence and submissions in support of their application. At that directions hearing, the applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in English.

3. At that directions hearing, the matter was set down for callover today at 10:00am.

4. I note that the orders made by the registrar on 12 March 2018 stated that in the event that there was no appearance by or on behalf of the applicant at the time of any scheduled Court event, the application may be dismissed without further notice.

5. It is now 11:12am. The matter has been called on at least two occasions, most recently being within the last five minutes.

6. There has been no communication received from the applicant, either by the first respondent’s solicitor or by the Court. I am satisfied that the applicant is aware of today’s scheduled hearing and for whatever reason has chosen not to attend. In the circumstances, the order sought by the first respondent is appropriate.

7. Accordingly, the proceeding before this Court, commenced by way of application filed on 16 February 2018, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules, by reason of the failure of the applicant to attend today’s scheduled hearing.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  21 June 2019