Bni15 v Minister for Immigration

[2017] FCCA 529

FEDERAL CIRCUIT COURT OF AUSTRALIA

BNI15 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 529

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

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

Applicant: BNI15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2090 of 2015

Judgment of: Judge Emmett

Hearing date: 21 March 2017

Date of Last Submission: 21 March 2017

Delivered at: Sydney

Delivered on: 21 March 2017

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitor for the Respondents: Ms Chloe Hillary
(DLA Piper Australia)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2090 of 2015

BNI15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”) that the proceeding before this Court, commenced by way of application filed on 29 July 2015, be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. In support the first respondent’s solicitor, Ms Chloe Hillary, read the affidavit of Nicole Marie Maddocks affirmed 14 March 2017.  Annexed to Ms Maddocks’ affidavit were copies of screenshots from the Department of Immigration and Border Protection’s computer database ‘Integrated Client Services Environment’. Those records show that the applicant left Australia on 28 December 2015 and that the applicant’s bridging visa ceased on 24 July 2015. 

3. I note that when the applicant commenced his proceeding in this Court by way of application filed on 28 July 2015, he was represented by Ms Michaela Byers, solicitor.  On 15 December 2016, the applicant’s then solicitor, Ms Byers, filed a Notice of Withdrawal as Lawyer.

4. The matter was set down for hearing today by me in Orders made by consent in Chambers on 23 August 2015. 

5. There has been no communication received by or on behalf of the applicant, either from the Court or the first respondent's solicitor, seeking an adjournment of today's hearing, or for any other reason.

6. In the circumstances, I am satisfied that the applicant is aware of today's scheduled hearing and, for whatever reason, has chosen not to attend. Based on the evidence before me, I find that the applicant is no longer in Australia, having departed on 28 December 2015.

7. In the circumstances, the orders sought by the first respondent are appropriate.

8. Accordingly, the proceeding before this Court, commenced by way of application filed on 29 July 2015, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  21 March 2017