Bel15 v Minister for Immigration

[2017] FCCA 321

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEL15 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 321

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: BEL15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Applicant: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1775 of 2015

Judgment of: Judge Emmett

Hearing date: 23 February 2017

Date of Last Submission: 23 February 2017

Delivered at: Sydney

Delivered on: 23 February 2017

REPRESENTATION

No appearance by or on behalf of the applicant

Counsel for the Respondents: Mr Patrick Knowles

Solicitors for the Respondents: DLA Piper Australia

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1775 of 2015

BEL15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”) that the proceeding before this Court, commenced by way of application filed on 6 August 2015, be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. In support of the application, counsel for the first respondent, Mr Patrick Knowles, read the affidavit of Vanessa Sarah Page affirmed 22 February 2017. Ms Page’s affidavit annexed a copy of a letter dated 16 February 2017 sent to the applicant at his identified address for service in Australia. That letter enclosed by way of service the first respondent’s outline of submissions and informed the applicant that if he did not attend, the first respondent may seek to have the matter dismissed with costs for his non-appearance at today’s hearing.

3. Further annexures to Ms Page’s affidavit confirm that an email in similar terms to the letter dated 16 February 2017, was also sent to the applicant at his email address. 

4. I note that on the evidence provided to the Court by the first respondent, the applicant has been further informed by the letter of 16 February 2017 that the first respondent may seek to have the matter dismissed with costs for his non-appearance at today’s hearing.

5. On 6 August 2015, the applicant appeared with an interpreter before a Registrar of this Court. On that occasion, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support. The matter was then set down for hearing today at 10:15am before me.

6. At that directions hearing, the applicant was provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. 

7. I also note that Order 16 of the Orders made by Registrar Morgan on 6 August 2015 provides that, in the event there is no appearance by or on behalf of the applicant at the time of any scheduled Court event, the application may be dismissed without further notice.

8. There has been no document filed by or on behalf of the applicant either in accordance with those directions or otherwise.

9. There has been no communication received by or on behalf of the applicant, either from the Court or the first respondent's solicitor, seeking an adjournment of today's hearing, or for any other reason.

10. 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.

11. In the circumstances, I am satisfied that the orders sought by the first respondent are appropriate. 

12. Accordingly, the proceeding before this Court commenced by way of application filed on 29 June 2015, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing.

I certify that the preceding twelve (12) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:

Date:  27 February 2017