BEK15 v Minister for Immigration

[2015] FCCA 3356

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEK15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 3356

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Protection (Class XA) visa – no appearance by the applicant – 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: BEK15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1776 of 2015

Judgment of: Judge Street

Hearing date: 15 December 2015

Date of Last Submission: 15 December 2015

Delivered at: Sydney

Delivered on: 15 December 2015

REPRESENTATION

Solicitors for the Applicant: No appearance by or on behalf of the Applicant

Counsel for the Respondents: Mr T Reilly

Solicitors for the Respondents: DLA Piper

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 $6825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1776 of 2015

BEK15

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 relation to a decision of the Tribunal made on 15 June 2015 affirming a decision of the delegate not to grant the applicant a protection visa. On 6 August 2015 a Registrar of the Court made orders fixing the matter for hearing today at 10.15 am and also providing an opportunity for the applicant to file an amended application, affidavit evidence and submissions. No such documents were filed by the applicant.

2. On 6 August 2015 the applicant signed a copy of the short minutes of order fixing the matter for hearing today, which has been marked exhibit B.  It appears on that day the applicant also provided a notice of change of address.  An affidavit has been read in relation to correspondence sent purportedly to the address identified on the notice of change of address, albeit there appears on the face of the notice of change of address some uncertainty as to whether the relevant street number is 4/7 or 417.

3. The first respondent moves for dismissal of the application for want of appearance by the applicant under r.13.03C(1)(c). I am satisfied from the applicant’s attendance at the time the orders were made on 6 August 2015 that the applicant was well alive to the hearing date. It is now past 10.30 am and the applicant has failed to appear. I am satisfied this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c). The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 17 December 2015