AZAER v Minister for Immigration

[2015] FCCA 1181

FEDERAL CIRCUIT COURT OF AUSTRALIA

AZAER v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1181

Catchwords:
MIGRATION – Judicial review of a decision of the Migration Review Tribunal – no appearance – application dismissed.

Legislation:

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

Migration Act 1958 (Cth)

Applicant: AZAER

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: ADG 195 of 2014

Judgment of: Judge Simpson

Hearing date: 6 February 2015

Date of Last Submission: 6 February 2015

Delivered at: Adelaide

Delivered on: 6 February 2015

REPRESENTATION

The Applicant: No appearance

Solicitors for the Respondents: Ms C Stokes for the Australian Government Solicitors

ORDERS

1. The application filed 14 June 2014 is dismissed pursuant to r.13.03C of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant do forthwith pay the first respondent’s costs fixed in the sum of $6,646.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADG 195 of 2014

AZAER

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Reasons settled from transcript)

1. I have before me an application for judicial review filed with the Court on 4 June 2014.

2. Orders were made on 4 July 2014 that the matter be listed for hearing today at 2.15pm.  The Applicant’s name has been called three times but he does not appear.  It would appear from information that has been obtained by the First Respondent that the Applicant has travelled overseas and does not currently have a visa to re-enter Australia. 

3. The Court has been provided with an affidavit of Claire Susan Stokes, who is a solicitor with the Australian Government Solicitor.  She says that she is informed by Ms Euphrasia Holmes, a senior legal officer at the Department of Immigration and Border Protection, that as at 27 January 2015, the Department’s records show that the Applicant departed Australia on 10 November 2014.  She says further that she was informed by Ms Holmes, and believes to be true, that the Applicant’s bridging visa also ceased on 10 November 2014 and that the Applicant currently does not hold a visa which would allow him to re-enter Australia. 

4. In the circumstances, I consider it appropriate to dismiss the application with costs.

5. I make the orders to be found at the beginning of these reasons.

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

Associate: 

Date: 7 May 2015