BJL17 v Minister for Immigration

[2017] FCCA 3394

FEDERAL CIRCUIT COURT OF AUSTRALIA

BJL17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 3394

Catchwords:
MIGRATION – Administrative Appeals Tribunal – Protection (Class XA) visa – no appearance by or on behalf of the applicant – appropriate matter for Court to exercise powers under r 13.03C(1)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: BJL17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 989 of 2017

Judgment of: Judge Street

Hearing date: 11 December 2017

Date of Last Submission: 11 December 2017

Delivered at: Sydney

Delivered on: 11 December 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Ms A Zinn
Mills Oakley

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the amount of $5,400.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 989 of 2017

BJL17

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 Administrative Appeals Tribunal (“the Tribunal”) made on 15 March 2017. These proceedings were commenced on 31 March 2017. On 19 May 2017, a Judge of the Court made orders giving the applicant an opportunity to put on an amended application, affidavit evidence and submissions. No such documents have been filed.

2. On 11 October 2017, this Court fixed the matter for hearing today. The matter has been called and the applicant has failed to appear. The first respondent has moved for the proceedings to be dismissed under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (“the Rules”). The first respondent has tendered a letter dated 1 December 2017 sent to the applicant’s address identified on the originating application reminding the applicant of today’s hearing date and informing the applicant that the first respondent would move to have the proceedings dismissed with costs if the applicant failed to appear.

3. The Court also endeavoured to contact the applicant on the mobile telephone number identified on the application. I am satisfied that the applicant was aware of today’s hearing date. 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 Rules.

4. Accordingly, the application is dismissed under r 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

Associate:  

Date:  23 April 2018