AVP15 v Minister for Immigration

[2015] FCCA 2393

FEDERAL CIRCUIT COURT OF AUSTRALIA

AVP15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2393

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

Applicant: AVP15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1421 of 2015

Judgment of: Judge Street

Hearing date: 2 September 2015

Date of Last Submission: 2 September 2015

Delivered at: Sydney

Delivered on: 2 September 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the first respondent: Ms K Hooper
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 $4500

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1421 of 2015

AVP15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ 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.

2. The matter was fixed for hearing on 2 July 2015 and the applicant was given an opportunity to file an amended application, further affidavit evidence and submissions. No such documents have been filed. The matter was listed for hearing at 10.15 am and it is now past 10.30 am and the applicant has not appeared. The first respondent has moved under r.13.03C(1)(c) for the dismissal of the application. The first respondent has also filed an affidavit in relation to service of the first respondent’s submissions on the applicant’s address.

3. I note that address is consistent with the address identified on the application filed by the applicant as well as the applicant’s affidavit and also in the court book “change of address details” that was lodged before the Tribunal on 24 April 2015. No notification of any application for adjournment or reason for not attending the court has been given to the first respondent or the Court. 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 powers under r.13.03C(1)(c). The application is dismissed under 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: 2 September 2015