AUW15 v Minister for Immigration

[2015] FCCA 2413

FEDERAL CIRCUIT COURT OF AUSTRALIA

AUW15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2413

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:

Migration Act 1958 (Cth), s.476

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

Applicant: AUW15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1398 of 2015

Judgment of: Judge Street

Hearing date: 3 September 2015

Date of Last Submission: 3 September 2015

Delivered at: Sydney

Delivered on: 3 September 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Mr D McLaren
Minter Ellison

ORDERS

1. The name of the Second Respondent be amended to the Administrative Appeals Tribunal and the filing of any further documents 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 costs of the First Respondent fixed in the amount of $6000.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1398 of 2015

AUW15

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 respect of a decision of the Tribunal made on 30 April 2015 affirming a decision of the delegate not to grant the applicant a protection visa. On 2 July 2015 the Court made orders fixing the matter for hearing today at 10.15am. It is now past 10.30am. The applicant has been called outside the Court both by his pseudonym and by his full name subject to an order that his name not be recorded and published. The applicant has not appeared.

2. Pursuant to the orders made on 2 July 2015 the applicant was given the opportunity to amend his application, put on further affidavit evidence and/or file submissions. No documents have been filed by the applicant. The applicant has not made contact with the first respondent or the Court to explain his absence and the first respondent has tendered an email dated 2 September 2015 to the email address of the applicant on the application confirming the hearing date for today and foreshadowing that if there was no appearance the first respondent may move to have the matter dismissed under r.13.03C(1)(c) of the Federal Circuit Rules 2001. 

3. I am satisfied that the applicant was well aware of the hearing date, and that this is an appropriate case to exercise the Court’s power under r.13.03C(1)(c). The application is dismissed.

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

Associate: 

Date:  8 September 2015