BEB15 v Minister for Immigration

[2015] FCCA 3391

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEB15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 3391

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Refugees & Migration Division) – Protection visa – no appearance by the applicant – applicant has voluntarily left Australia – application dismissed for want of appearance pursuant to r.13.03C(1)(c).

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: BEB15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1754 of 2015

Judgment of: Judge Street

Hearing date: 17 December 2015

Date of Last Submission: 17 December 2015

Delivered at: Sydney

Delivered on: 17 December 2015

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the First Respondent: Mr A Keevers
Sparke Helmore

ORDERS

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

2. The Applicant pay the costs of the First Respondent fixed in the amount of $5800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1754 of 2015

BEB15

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 Act 1958 (Cth) in respect of the decision of the Tribunal made on 4 June 2015, affirming a decision of the delegate not to grant the applicant a protection visa. The matter was listed for hearing today pursuant to orders made on 6 August 2015. An affidavit has been filed by the first respondent, identifying that the applicant left Australia on 14 October 2015.

2. The matter has been called and the applicant has failed to appear. The first respondent moves for the dismissal of the proceedings under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under that rule. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 17 December 2015