Bor18 v Minister for Home Affairs

[2019] FCCA 1715

FEDERAL CIRCUIT COURT OF AUSTRALIA

BOR18 & ANOR v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1715

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

First Applicant: BOR18

Second Applicant: BOS18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 850 of 2018

Judgment of: Judge Emmett

Hearing date: 13 June 2019

Date of Last Submission: 13 June 2019

Delivered at: Sydney

Delivered on: 13 June 2019

REPRESENTATION

Applicants: No appearance by or on behalf of the applicants

Solicitors for the Respondents: Mr Max Gao
(Australian Government Solicitors)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 850 of 2018

BOR18

First Applicant

BOS18

Second Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court commenced by way of application, filed on 28 March 2018, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicants to attend today’s scheduled directions hearing.

2. In support the first respondent’s solicitor tendered a copy of an email dated 12 June 2019, from the solicitor for the first respondent to the applicants at their email address. That email noted that the matter was listed on 13 June 2019 for callover and that should the applicants fail to appear, the matter may be dismissed with costs. That email was marked Exhibit 1R.

3. On 19 April 2018, the second applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicants were given leave to file and serve an Amended Application, any further evidence and submissions in support. The second applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in their own language. On that occasion, the matter was set down today at 10:00am for callover before me. 

4. It is now 11:30am. The matter has been called on at least two occasions, most recently being within the last five minutes.

5. There has been no communication received from the applicant either by the first respondent’s solicitor or by the Court seeking an adjournment of today’s directions hearing or for any other reason. In the circumstances, I am satisfied that the applicants are aware of today’s directions hearing and, for whatever reason, have chosen not to attend.

6. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 28 March 2018, should be dismissed with costs.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate: 

Date:  21 June 2019