BEC15 v Minister for Immigration

[2016] FCCA 784

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEC15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 784

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugee Division) – failure to appear – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: BEC15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1755 of 2015

Judgment of: Judge Street

Hearing date: 8 April 2016

Date of Last Submission: 8 April 2016

Delivered at: Sydney

Delivered on: 8 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Ms N Blake
Clayton Utz

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 $3416.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1755 of 2015

BEC15

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 a decision the Tribunal made on 28 May 2015 affirming the decision of the delegate not to grant the applicant a protection visa.

2. The matter was listed for callover today and the applicant has failed to appear. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

3. A letter dated 4 March 2016 has been tendered and marked exhibit A. That letter was sent to the address that appears on the applicant’s application. I am satisfied that the applicant was aware of the callover. I am satisfied this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c).

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

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  28 April 2016