AUJ19 v Minister for Immigration

[2020] FCCA 804

FEDERAL CIRCUIT COURT OF AUSTRALIA

AUJ19 v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 804

Catchwords:
MIGRATION – Absence of applicant at court hearing – application dismissed.

Legislation:

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

Applicant: AUJ19

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 200 of 2019

Judgment of: Judge Egan

Hearing date: 1 April 2020

Date of Last Submission: 1 April 2020

Delivered at: Brisbane

Delivered on: 1 April 2020

REPRESENTATION

Applicant: No appearance

Solicitors for the First Respondent: Ms C. Allen, Solicitor of Sparke Helmore

Second Respondent: Submitting appearance save as to costs

ORDERS

1. The application for review filed on 27 February 2019 be dismissed pursuant to the provisions of Rule.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) due to the absence of the Applicant.

2. The Applicant pay the First Respondent’s costs of and incidental to the application for review fixed in the amount of $5,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 200 of 2019

AUJ19

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was listed for hearing today at 9.45 am. The associate called the matter in the precincts of the court three times. There was no physical appearance by the applicant at court.

2. It was also the case that correspondence had earlier been sent to the applicant advising the applicant that she could appear by telephone today. A request was made in that regard by an email. Further, an email was sent by Judge’s chambers to the parties on 24 March 2020 advising them that because of the current health restrictions, the parties could appear by telephone. There has been no response to a number of emails sent to the applicant in relation to her appearing today, either personally or by telephone.

3. In those circumstances, Ms Allen, who appears on behalf of the first respondent, has made application for the dismissal of the application for review pursuant to the provisions of Rule.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth). The court accedes to that application. It notes that Ms Allen has appeared appropriately. It also notes that the services of an interpreter have been obtained at cost to the Commonwealth to assist the applicant in this matter, but that the applicant has not appeared in circumstances where she could have obtained the benefit of the interpreter’s assistance. The court will accordingly dismiss the application for review.

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

Date:  8 April 2020