BIH15 v Minister for Immigration

[2016] FCCA 785

FEDERAL CIRCUIT COURT OF AUSTRALIA

BIH15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 785

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – failure to appear at court date – 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, r.13.03C(1)(c)

Applicant: BIH15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1923 of 2015

Judgment of: Judge Street

Hearing date: 8 April 2016

Date of Last Submission: 8 April 2016

Delivered at: Sydney

Delivered on: 8 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Ms E Warner-Knight
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 1923 of 2015

BIH15

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 18 June 2015 affirming a decision of the delegate not to grant the applicant a protection visa.

2. The matter was listed for a callover today.  There has been tendered a letter dated 4 March 2016 that was sent to the applicant’s address as identified on the application identifying the callover day. I am satisfied that the applicant was notified of the callover. 

3. The first respondent moves that the matter can be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

4. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

Associate: 

Date:  28 April 2016