AWF16 v Minister for Immigration

[2017] FCCA 1494

FEDERAL CIRCUIT COURT OF AUSTRALIA

AWF16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1494

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

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: AWF16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 892 of 2016

Judgment of: Judge Street

Hearing date: 29 June 2017

Date of Last Submission: 29 June 2017

Delivered at: Sydney

Delivered on: 29 June 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Mr R White
Mills Oakley Lawyers

ORDERS

1. The application is dismissed under to 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 $5,200.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 892 of 2016

AWF16

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 Act1958 (Cth) (“the Migration”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 11 March 2016 affirming a decision of the delegate not to grant the application a protection visa.

2. The proceedings were commenced on 15 April 2016 and orders were made by the Court on 9 May 2017 fixing the matter for hearing. The matter has been called outside the Court twice and the applicant has failed to appear and it is now 15 minutes past the time that the matter was fixed for hearing.

3. The Court has also endeavoured to contact the applicant on the telephone number identified on the application and no response has been received to that telephone call and the telephone call was unsuccessful.

4. The first respondent has moved for the proceedings to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 and has tendered a letter dated 21 June 2017 sent to the applicant’s address as identified on the application confirming the hearing date and notifying the applicant that the first respondent would move to have the proceedings dismissed with costs if the applicant failed to appear.

5. On the evidence before the Court, I am satisfied the applicant was well aware of today’s hearing date. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 8 September 2017