BDV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2019] FCCA 3334

FEDERAL CIRCUIT COURT OF AUSTRALIA

BDV18 v MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ANOR [2019] FCCA 3334

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: BDV18

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number:   SYG 639 of 2018

Judgment of: Judge Emmett

Hearing date: 19 November 2019

Date of Last Submission: 19 November 2019

Delivered at: Sydney

Delivered on: 19 November 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr Cameron O’Sullivan
(Australian Government Solicitor)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 639 of 2018

BDV18

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

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 12 March 2018, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), by reason of the applicant’s failure to attend today’s scheduled hearing.

2. The applicant attended a directions hearing before a registrar of this Court on 5 April 2018. On that occasion, the applicant was given leave to file and serve an amended application, any further evidence and submissions in support of his application. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. The matter was stood over for callover before me on 13 June 2019. 

3. On that occasion, the applicant appeared with the assistance of an interpreter and was again directed to file and serve submissions in support of the application 14 days before the hearing. The matter was listed for hearing today at 10:15am. 

4. There have been no documents filed by or on behalf of the applicant either in accordance with the Courts directions or otherwise.

5. The time is now 11:45am. The matter has been called on at least two occasions outside the Courtroom, the most recent being within the last five minutes. There has been no communication received from the applicant either by the first respondent’s solicitor or by the Court seeking an adjournment of today’s directions hearing or for any other reason.

6. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing and for whatever reason has chosen not to attend.

7. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court, commenced by way of application filed on 12 March 2018, should be dismissed.

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

Associate:

Date: 22 November 2019