Avv16 v Minister for Immigration

[2017] FCCA 1279

FEDERAL CIRCUIT COURT OF AUSTRALIA

AVV16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1279

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for the Court to exercise its powers under r.13.03C(1)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: AVV16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 875 of 2016

Judgment of: Judge Street

Hearing date: 15 June 2017

Date of Last Submission: 15 June 2017

Delivered at: Sydney

Delivered on: 15 June 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents:

Ms A Wong

Mills Oakley

ORDERS

1. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The applicant pay the first respondent’s costs fixed in the amount of $3,606.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 875 of 2016

AVV16

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) (“the Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 15 March 2016 affirming a decision of the delegate declining to grant the applicant a protection visa.

2. The applicant commenced proceedings in this Court on 13 April 2016. On the initiating application, the applicant identified an address for service and a telephone number. The applicant attended the first return date before the Registrar on 26 May 2016. Those orders stood the matter over for a callover for a date to be fixed. 

3. On 9 May 2017, this Court made orders fixing the matter for hearing on 28 June 2017. The applicant was notified of the fixing of the hearing on that date both by the first respondent as well as by the Court. The Court received a letter return to sender in respect of the orders sent out by the Court.

4. It was in those circumstances that the Court listed the matter for directions today by an order made on 29 May 2017. A notification was sent to the applicant’s address identified on the application in respect of that order.

5. The matter has been called and the applicant has failed to appear. The matter was fixed at 9:30am and it is now 9:55am. The first respondent has moved for the proceedings to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

6. I am satisfied that steps were taken consistent with the address for service identified by the applicant to give the applicant notice of the orders made by the Court.  The applicant was well aware, as a result of the orders made on 26 May 2016, that further orders would be made by this Court. The Court also endeavoured to contact the applicant three times on the telephone number identified on the application and the telephone number was not answered.

7. I am satisfied that appropriate steps have been taken to bring this matter to the attention of the applicant and that the applicant’s failure to appear before the Court today is one in respect of which it is appropriate to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

8. Accordingly, the application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

Associate: 

Date:  5 September 2017