BFV16 v Minister for Immigration

[2018] FCCA 494

FEDERAL CIRCUIT COURT OF AUSTRALIA

BFV16 v MINISTER FOR IMMIGRATION [2018] FCCA 494

Catchwords:
MIGRATION – Application to review decision by a delegate of the Respondent that visa application invalid – no appearance by the Applicant.

Legislation:

Federal Circuit Court Rules 2001 (Cth), rr.13.03C(1)(c), 16.05

Applicant: BFV16

Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

File Number: SYG 1292 of 2016

Judgment of: Judge Barnes

Hearing date: 20 February 2018

Delivered at: Sydney

Delivered on: 20 February 2018

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. There being no appearance by the Applicant the application of 24 May 2016 is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The Applicant pay the costs of the Respondent fixed in the sum of $3,800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1292 of 2016

BFV16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application that was filed on 24 May 2016 seeking review of a decision of a delegate of the Respondent that the Applicant’s protection visa application was invalid.  The Applicant was legally represented.  At a callover in February 2017, the matter was listed for final hearing before me today at 10.15 am.  The orders included the date, time and place of the hearing. 

2. On 15 January 2018 the Applicant’s former solicitor filed a copy of a notice of intention to withdraw as lawyer which included contact details for the Applicant and advised him (correctly) of the time, date and place of the hearing.  On 22 January 2018 a notice of withdrawal as lawyer was filed.

3. In addition, on 12 February 2018 the solicitors for the Respondent sent an Express Post letter to the Applicant at the address provided, by way of service, enclosing a sealed copy of their submissions.  That letter also reminded the Applicant that his application was listed for hearing today at 10.15 am, provided him with the address of the courtroom and advised him that, should he or a lawyer acting for him fail to appear, orders may be sought that his application be dismissed with costs without further notice.

4. There was no appearance today by or on behalf of the Applicant at the time the matter was listed for hearing.  Nor is there any appearance now, some 20 minutes later. 

5. In these circumstances, the Respondent seeks that the matter be dismissed for non-appearance pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). I consider it is appropriate to do so in the circumstances of this case. I bear in mind the provisions of r.16.05 should there be any legitimate explanation for the Applicant’s failure to appear today. The Minister also seeks costs in the sum of $3,800. That amount is appropriate in light of the nature of this and other similar matters.

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

Date: 1 March 2018