ATX15 v Minister for Immigration and Anor

[2015] FCCA 1683

FEDERAL CIRCUIT COURT OF AUSTRALIA

ATX15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1683

Catchwords:
MIGRATION – Refugee Review Tribunal – Protection (Class XA) visa – application dismissed.

PRACTICE AND PROCEDURE – Dismissal for want of appearance – application dismissed.

Legislation:  

Federal Circuit Court Rules, r.13.03C
Migration Act 1958, s.476

Applicant: ATX15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1342 of 2015

Judgment of: Judge Street

Hearing date: 18 June 2015

Date of Last Submission: 18 June 2015

Delivered at: Sydney

Delivered on: 18 June 2015

REPRESENTATION

No appearance by the applicant

Solicitors for the Respondents: Ms S. Lloyd
Minter Ellison

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the sum of $1367.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1342 of 2015

ATX15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter within the Court’s jurisdiction under s.476 of the Migration Act 1958 which was returnable before the Court at 9.30 am.  The applicant has failed to appear and the first respondent has moved for judgment for default of appearance. Two letters have been tendered, identifying notification of the hearing date, in addition to the application itself.

2. The applicant has been called outside the Court both under the pseudonym and the applicant’s full name, subject to an order for non-publication.  There has been no appearance.

3. The respondent has requested for the matter to be dealt with under r.13.03C. No explanation for the absence of the applicant has been advanced and it is clear the applicant had notice of the hearing. This is an appropriate case in which to exercise the discretion to dismiss the application by reason of the failure of the applicant to attend court. I dismiss the application under r.13.03C.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  30 June 2015