BEO15 v Minister for Immigration

[2015] FCCA 3418

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEO15 v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 3418

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migrants 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, rr.13.03C(1)(c), 44.12

Applicant: BEO15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1779 of 2015

Judgment of: Judge Street

Hearing date: 18 December 2015

Date of Last Submission: 18 December 2015

Delivered at: Sydney

Delivered on: 18 December 2015

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Mr A Markus
Australian Government Solicitors

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 $3416

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1779 of 2015

BEO15

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 of the Tribunal made on 9 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 pursuant to r.44 12 of the Federal Circuit Court Rules 2001. 

2. The matter was identified in the orders made by the registrar as being for hearing at 9.30 am, and it is now 10.30 am. The matter has been called. The applicant has failed to appear. The first respondent moves for dismissal of the application, pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules.  First respondent has also tendered a letter dated 11 December 2015, which has been marked exhibit A, sent to the two addresses identified on the application filed by the applicant, enclosing the first respondent’s submissions and foreshadowing that if there is a failure to appear the first respondent may move to have the application dismissed with costs. 

3. I am satisfied that the applicant was aware of the hearing date, and I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C of the Federal Circuit Court Rules. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules.

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

Associate: 

Date: 18 December 2015