Bennett v Minister for Immigration

[2016] FCCA 1423

FEDERAL CIRCUIT COURT OF AUSTRALIA

BENNETT v MINISTER FOR IMMIGRATION [2016] FCCA 1423

Catchwords:
MIGRATION – Non-appearance of Applicant – dismissal of application.

Legislation:

Migration Act 1958 (Cth), s.189

Federal Circuit Court Rules 2001 (Cth)

Applicant: PAUL JAMES BENNETT

Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

File Number: SYG 1175 of 2016

Judgment of: Judge Dowdy

Hearing date: 8 June 2016

Delivered at: Sydney

Delivered on: 10 June 2016

REPRESENTATION

No Appearance for the Applicant.

Counsel for the Respondent: Mr Markus.

Solicitors for the Respondent: Australian Government Solicitor.

ORDERS

1. The application herein filed 11 May 2016 is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) with no order as to costs to the intent that each party bears his own.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1175 of 2016

PAUL JAMES BENNETT

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Respondent

REASONS FOR JUDGMENT

1. The Applicant filed an application in this Court on 11 May 2016 seeking to quash a decision of the Respondent and seeking an interim injunction to stop his removal from Australia to New Zealand, and also filed on the same date an affidavit sworn on 9 May 2016 that set out his various complaints.

2. The return date for the first directions hearing of the application was appointed for 3 June 2016.

3. The Respondent filed a Response on 12 May 2016 which opposed the application on the basis that no arguable case for relief was raised.

4. On 3 June 2016 the matter came before me when Mr Markus appeared on behalf of the Respondent and there was no appearance by or on behalf of the Applicant, although he was called three times outside the Court.

5. The reason for his non-appearance was explained by the circumstances set forth in the affidavit of Mr Markus affirmed 18 May 2016 upon which he relied in seeking the dismissal of the application pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (the Rules) .

6. The affidavit amply established that the Applicant had been removed from Australia on 13 May 2016 pursuant to s.189(2) of the Migration Act 1958 (Cth). Mr Markus relied on movement records for the Applicant which confirmed that the Applicant had last entered Australia on 15 February 2015 and had departed on 13 May 2016.

7. In other words, the Applicant is no longer in Australia and is in no position to forward his application and therefore, pursuant to r.13.03C(1)(c) of the Rules, I dismissed the application filed 11 May 2016 because of the absence of the Applicant. These are my written reasons for having done so.

8. Mr Markus did not seek costs on behalf of the Respondent and accordingly there was no order as to costs to the intent that each party bears his own.

9. As I am satisfied the Applicant is no longer in Australia I make no order for service upon the Applicant of a sealed copy of these orders as otherwise I might usually have done.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Judge Dowdy

Associate: 

Date:  10 June 2016