AYR17 v Minister for Immigration

[2017] FCCA 1596

FEDERAL CIRCUIT COURT OF AUSTRALIA

AYR17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1596

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: AYR17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 674 of 2017

Judgment of: Judge Street

Hearing date: 6 July 2017

Date of Last Submission: 6 July 2017

Delivered at: Sydney

Delivered on: 6 July 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Ms M Wells
Sparke Helmore

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 of the fixed in the amount of $1,443.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 674 of 2017

AYR17

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 Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 14 February 2017.

2. The proceedings were commenced on 8 March 2017 and the initiating application and the first Court return date, was identified before the Registrar. The applicant failed to appear on that occasion, and the Registrar made an order standing the proceedings over to today’s date before this Court. 

3. The matter has been called and the applicant has failed to appear. The first respondent has moved for the proceedings to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has tendered a letter dated 26 June 2017 sent to the applicant’s residential address identified on the application. 

4. On the material before the Court, I am satisfied the applicant was aware of the listing of this matter before this Court on today’s 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.

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

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 3 August 2017