BGP16 v Minister for Immigration

[2016] FCCA 2651

FEDERAL CIRCUIT COURT OF AUSTRALIA

BGP16 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 2651

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – no appearance by the applicant – r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Applicant: BGP16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1315 of 2016

Judgment of: Judge Street

Hearing date: 13 October 2016

Date of Last Submission: 13 October 2016

Delivered at: Sydney

Delivered on: 13 October 2016

REPRESENTATION

Solicitors for the Respondents:

Ms G Doyle

Sparke Helmore

ORDERS

1. The application is dismissed under 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 $5,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1315 of 2016

BGP16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision the Administrative Appeals Tribunal (“the Tribunal) made on 3 May 2016 affirming decision of the delegate not to grant the applicant a  Protection (Class XA) visa.

2. On 21 July 2016, a Registrar of the Court made orders fixing the matter for hearing today at 10:15 am. The matter has been called outside the Court and the applicant has failed to appear. It is now past 10:30 am. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (“the Rules”) for want of appearance. The first respondent has tendered in support, a letter dated 6 October 2016 sent to the applicant, reminding the applicant of the hearing date today and foreshadowing the moving for the application to be dismissed if the applicant failed to appear. 

3. That letter was sent to the applicant’s correct address as identified on the initiation application filed in this Court on 25 May 2016. I am satisfied that the applicant was aware of the hearing date. I am satisfied that this is an appropriate manner in which to exercise the Court’s powers under r.13.03C(1)(c) of the Rules.

4. The application is dismissed under 13.03C(1)(c) of the Rules.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 28 October 2016