AUM15 v Minister for Immigration

[2015] FCCA 2723

FEDERAL CIRCUIT COURT OF AUSTRALIA

AUM15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2723

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Protection (Class XA) visa – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: AUM15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1382 of 2015

Judgment of: Judge Street

Hearing date: 6 October 2015

Date of Last Submission: 6 October 2015

Delivered at: Sydney

Delivered on: 6 October 2015

REPRESENTATION

The Applicant did not appear

Solicitors for the Respondents: Mr L Gell
Clayton Utz

ORDERS

1. The name of the Second Respondent be amended to the Administrative Appeals Tribunal and the filing or 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 $6825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1382 of 2015

AUM15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth), in which the applicant is seeking a Constitutional writ in respect of the Tribunal’s decision made on 22 April 2015, affirming a decision of the delegate not to grant the applicant a protection visa. On 2 July 2015, this Court made orders fixing the matter for hearing today at 2.15pm. It is now past 2.30 pm and the applicant has been called outside the Court and has not appeared.

2. The first respondent has tendered a letter serving the submissions of the first respondent upon the applicant, at the applicant’s address, as identified in the application.  The first respondent has received no communication from the applicant as to why the applicant has not attended Court today. 

3. I note that the orders made on 2 July 2015 provide the applicant with an opportunity to file an amended application, and also to serve any further affidavit evidence, and to serve written submissions in support of the applicant’s application, and that no such documents have been filed or served.

4. I am satisfied that the applicant was well alive to the listing of the matter for hearing today and that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) Federal Circuit Court Rules 2001. 

5. In the above circumstances, it is an appropriate case to dismiss the proceedings under r.13.03(C)(1)(c). The proceedings are dismissed under r.13.03C(1)(c).

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  22 October 2015