Awh18 v Minister for Home Affairs

[2019] FCCA 1713

FEDERAL CIRCUIT COURT OF AUSTRALIA

AWH18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1713

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

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

Applicant: AWH18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 499 of 2018

Judgment of: Judge Emmett

Hearing date: 13 June 2019

Date of Last Submission: 13 June 2019

Delivered at: Sydney

Delivered on: 13 June 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms Maria Juarez
(Minter Ellison)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 499 of 2018

AWH18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court commenced by way of application filed on 26 February 2018 be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled directions hearing.

2. In support, the first respondent’s solicitor tendered a copy of a letter dated 16 October 2018 sent to the applicant at the applicant’s address for service and the applicant’s email address. That letter was marked Exhibit 1R. 

3. Exhibit 1R, inter alia, confirmed the callover directions hearing today at 10:00am and provided the location of the Courtroom. Exhibit 1R also informed the applicant that if the applicant failed to appear, the first respondent may seek to have the matter dismissed for non-appearance, with costs.

4. On 19 March 2018, the applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicant was given leave to file and serve an amended application, any further evidence and submissions in support. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in their own language. On that occasion, the matter was set down today at 10:00am for callover before me. 

5. It is now 11:20am.  The matter has been called on at least two occasions, the most recently being within the last five minutes.

6. There has been no communication received from the applicant, either by the first respondent’s solicitors or by the Court, seeking an adjournment of today’s hearing or for any other reason. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and, for whatever reason, has chosen not to attend.

7. In the circumstances, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 26 February 2018, should be dismissed with costs.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  21 June 2019