Blo17 v Minister for Immigration

[2017] FCCA 1691

FEDERAL CIRCUIT COURT OF AUSTRALIA

BLO17 & ORS v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1691

Catchwords:
MIGRATION – Application for Constitutional writ – failure to appear – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

First Applicant: BLO17

Second Applicant: BLP17

Third Applicant: BLQ17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1035 of 2017

Judgment of: Judge Street

Hearing date: 20 July 2017

Date of Last Submission: 20 July 2017

Delivered at: Sydney

Delivered on: 20 July 2017

REPRESENTATION

No appearance by or on behalf of the applicants.

Solicitors for the Respondents: Mr A Keevers
Sparke Helmore

ORDERS

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1035 of 2017

BLO17

First Applicant

BLP17

Second Applicant

BLQ17

Third 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) (the “Act”) in respect of decision of the Administrative Appeals Tribunal (“the Tribunal” made on 3 June 2016.  Proceedings were commenced in this Court on 5 April 2017.  An affidavit has been filed by the solicitor for the first respondent that identifies that the applicants have left Australia. Orders were made by Judge Emmett on 28 April 2017 dismissing an application in a case seeking an injunction against removal.

2. The matter was initially listed for a first return date today before the Registrar and was then the subject of a listing at the same time and date before this Court. The initial listing was at the same time removed from the Registrar’s list. 

3. The matter has been called, and there has been no appearance by the applicants. The first respondent has moved for the application to be dismissed under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) ( the “Rules”). The Court is satisfied that the applicants are well aware of the first return date and as the matter has been called and there is no appearance 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

Date: 2 November 2017