Aul18 v Minister for Home Affairs

[2019] FCCA 1712

FEDERAL CIRCUIT COURT OF AUSTRALIA

AUL18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1712

Catchwords:
MIGRATION – Immigration Assessment Authority.

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: AUL18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 463 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

Solicitor for the Respondents: Mr Siva Valliappan
(DLA Piper Australia)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 463 of 2018

AUL18

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 22 February 2018, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today's scheduled directions hearing.

2. In support the first respondent tendered a copy of an email dated 19 March 2018 from the first respondent's solicitor addressed to the applicant at the applicant's address for service in Australia and the applicant's email address as identified by him in his initiating application. That email was marked Exhibit 1R. 

3. Exhibit 1R reminded the applicant that the matter is listed at 10:00am this morning for a callover before me and provided the address of the courtroom. Exhibit 1R also informs the applicant that if he fails to attend today’s callover, the first respondent may seek to have the matter dismissed with costs for non-appearance.  

4. On 15 March 2018, the applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. On that occasion, the matter was set down today at 10:00am for callover before me. 

5. The time is now 11:05am. The matter has been called on at least two occasions, the most recent 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, seeking an adjournment of today's matter or for any other reason.

7. In the circumstances, I am satisfied that the applicant is aware of today's hearing and, for whatever reason, has chosen not to attend. 

8. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 22 February 2018, should be dismissed with costs.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate: 

Date:  21 June 2019