BED17 v Minister for Immigration

[2017] FCCA 2761

FEDERAL CIRCUIT COURT OF AUSTRALIA

BED17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2761

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for Court to exercise powers under r.13.03C(1)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: BED17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 829 of 2017

Judgment of: Judge Street

Hearing date: 13 November 2017

Date of Last Submission: 13 November 2017

Delivered at: Sydney

Delivered on: 13 November 2017

REPRESENTATION

The applicant appeared in person.

Counsel for the Respondents: Mr T Reilly

Solicitors for the Respondents: Mills Oakley Lawyers

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the amount of $5,400.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 829 of 2017

BED17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

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) (“the Act”) in respect of a decision of the Immigration Assessment Authority (“the Authority”) under Part 7AA of the Act dated 28 February 2017 affirming the decision of the delegate not to grant the applicant a Safe Haven Enterprise visa. 

2. On 6 July 2017, a Registrar of the Court made orders fixing the matter today for hearing. The Registrar also made orders providing the applicant with an opportunity to file an amended application, affidavit evidence and submissions. No such documents have been filed.

3. The matter has been called, and the applicant has failed to appear. It is now past 9:45am, and the matter was fixed for 9:30am. The first respondent has moved for the matter to be dismissed under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has tendered a letter sent to the applicant’s address identified on the application foreshadowing an application to have the matter dismissed if the applicant failed to appear. 

4. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied the applicant is aware of the hearing date. 

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

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

Date: 8 December 2017