BOL16 v Minister for Immigration

[2017] FCCA 1146

FEDERAL CIRCUIT COURT OF AUSTRALIA

BOL16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1146

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the Applicant – appropriate matter for Court to exercise powers under r.13.03C(l)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: BOL16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1614 of 2016

Judgment of: Judge Street

Hearing date: 30 May 2017

Date of Last Submission: 30 May 2017

Delivered at: Sydney

Delivered on: 30 May 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents:

Ms C Saunders

DLA Piper

ORDERS

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

2. The Applicant pay the First Respondent's costs fixed in the amount of $4,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1614 of 2016

BOL16

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 Act1958 (Cth) (“the Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 4 June 2016.

2. The matter was fixed for hearing today at 10:15am. It is now 10:30am and the applicant has failed to appear. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

3. In support of that application, the first respondent has read an affidavit of Eleanor Jane Guy affirmed 23 May 2017 which establishes communications sent to the applicant’s email and residential address identified on the application, confirming the hearing today and foreshadowing the application to have the matter dismissed if the applicant failed to appear. 

4. I note that the applicant in this matter failed to appear before the delegate and failed to appear before the Tribunal. I am satisfied that the applicant was aware of the 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 Federal Circuit Court Rules 2001.

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

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 3 August 2017