ATZ15 v Minister for Immigration

[2015] FCCA 2236

FEDERAL CIRCUIT COURT OF AUSTRALIA

ATZ15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2236

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Protection visa – applicant failed to appear – application dismissed for want of appearance.

Legislation:

Migration Act 1958 (Cth), s.476

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: ATZ15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1345 of 2015

Judgment of: Judge Street

Hearing date: 18 August 2015

Date of Last Submission: 18 August 2015

Delivered at: Sydney

Delivered on: 18 August 2015

REPRESENTATION

The Applicant did not appear

Solicitors for the Respondents: Ms A Wong
DLA Piper

ORDERS

1. The name of the second respondent be amended to the Administrative Appeals Tribunal and the filing of any further document in this regard is dispensed with.

2. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

3. The applicant pay the first respondent’s costs fixed in the amount of $3800

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1345 of 2015

ATZ15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application in the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth), in respect of a decision of the Tribunal made on 13 April 2015, confirming the decision of the delegate not to grant the applicant a protection (class XA) visa. The matter was listed for hearing today at 10.15am and has been called outside the Court, and the applicant has not appeared. This was a matter in which the Court made orders on 18 June 2015, fixing the matter for hearing, and the applicant was provided with a copy of those orders.

2. The Court has also had the benefit of an affidavit by Vanessa Sara Page that identified service of the first respondent’s written submissions.  I note that I am informed that the first respondent has received no communication from the applicant in respect of the applicant’s failure to appear before the Court.  I also note that this is a matter where the applicant also failed to appear before the Tribunal, notwithstanding the Tribunal serving the requisite invitation to appear on the applicant’s correct address under the application for review.

3. The first respondent has moved for an order under r.13.03C(1)(c) for the application to be dismissed. I am satisfied that the applicant was well aware of the hearing date and that this is an appropriate case in which to exercise the power to dismiss the application under r.13.03C(1)(c). The application is dismissed pursuant to r.13.03C(1)(c).

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

Associate: 

Date: 20 August 2015