AZAFI v Minister for Immigration

[2015] FCCA 1350

FEDERAL CIRCUIT COURT OF AUSTRALIA

AZAFI v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1350

Catchwords:
MIGRATION – Refugee Review Tribunal – Protection (class XA) visa – failure to attend – no jurisdictional error – application dismissed.

Legislation: 

Migration Act 1958 ss.476

Applicant: AZAFI

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: ADG 325 of 2014

Judgment of: Judge Street

Hearing date: 18 May 2015

Date of Last Submission: 18 May 2015

Delivered at: Adelaide

Delivered on: 18 May 2015

REPRESENTATION

There was no appearance by the applicant

Solicitors for the Respondent: Ms C. Stokes
Australian Government Solicitor

ORDERS

1. The application be dismissed.

2. The applicant pay the first respondent’s costs fixed in the sum of $6646.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 325 of 2014

AZAFI

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW 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 Act 1958 in respect of a decision of the Tribunal on 25 July 2014 affirming a decision not to grant the applicant a Protection (class XA) visa.  The application identifies the following ground:

   I am not satisfied with decision of RRT so this is why I want apply in Federal court.

2. It is clear those grounds are hopeless.  The matter was fixed for hearing for today, and the matter has been called outside the Court.  Having been listed at 10:00am it is now 10.55am.  I am satisfied that the applicant was notified of the hearing. 

3. The applicant applied for a visa on 24 April 2013 which the Delegate refused to grant on 18 December 2013.  On 12 June the Tribunal sent the applicant a letter inviting him to attend a hearing scheduled for 10.30 am on Thursday, 24 July 2014.  That letter notified the applicant that the Tribunal has considered the material before it, but is unable to make a favourable decision on the material or at least on this information alone.

4. The applicant did not respond to the invitation to attend on the day and time the hearing was scheduled.  The applicant failed to appear before the Tribunal to give evidence and present arguments.  The Tribunal noted that it did not receive any communication from the applicant nor any reason for his failure to respond to attend to the scheduled hearing.  I note in relation to the attendance today apart from the notification sent by the Registry to the applicant, the first respondent also on 11 May 2015 confirmed the hearing date for 18 May 2015 also forwarding the submissions upon which it wished to rely to the address identified by the applicant on the application to this Court.

5. It was open to the Tribunal to come to an adverse view in respect of the issues before it on the limited material available to the Tribunal.  It was also clearly open to the Tribunal to decide to proceed with its review.  I am clearly satisfied the adverse findings were open and that there was no breach of the statutory criteria in the Tribunal proceeding to make its decision on the review.  The application fails to disclose any jurisdictional error.  The application is dismissed.

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

Associate: 

Date:  21 May 2015