AYQ15 v Minister for Immigration

[2015] FCCA 2937

FEDERAL CIRCUIT COURT OF AUSTRALIA

AYQ15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2937

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migrants and Refugees Division) – Protection (Class XA) visa – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: AYQ15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1541 of 2015

Judgment of: Judge Street

Hearing date: 30 October 2015

Date of Last Submission: 30 October 2015

Delivered at: Sydney

Delivered on: 30 October 2015

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Ms S. Burnett
Clayton Utz

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 $3416.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1541 of 2015

AYQ15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter before the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth). The applicant is seeking a Constitutional writ in respect of a decision of the Tribunal made on 13 May 2015 affirming the civil delegate not to grant the applicant a protection visa. On 16 July 2015 the Registrar of the Court made orders fixing the matter for hearing today and also providing an opportunity for the applicant to amend the application, file an affidavit of evidence and put on submissions. No such documents have been filed by the applicant.

2. The matter was called outside the court having been listed for 9.30 am and it is now past 10.15 am. The applicant has failed to appear. The first respondent has tendered a letter dated 23 October 2015 enclosing service of the first respondent’s submissions to the applicant’s correct address as identified on the application in the proceedings commenced in this Court. I am satisfied that the applicant was well aware of the hearing date. The first respondent has moved under r.13.03(C)(1)(c) of the Federal Circuit Court Rules 2001 that the application be dismissed. I am satisfied that this is an appropriate matter in which the Court should exercise its powers under r.13.03(C)(1)(c).

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

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

Associate: 

Date: 2 November 2015