Bov18 v Minister for Home Affairs

[2019] FCCA 1716

FEDERAL CIRCUIT COURT OF AUSTRALIA

BOV18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1716

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: BOV18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 853 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

Applicant: No appearance by or on behalf of the applicant

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 853 of 2018

BOV18

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 February 2018, be dismissed pursuant to r.13.03C(1)(c) of Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support, the first respondent tendered a copy of a letter dated 17 May 2018 from the first respondent’s solicitor addressed to the applicant at his address for service in Australia as identified on his initiating application. That letter was marked Exhibit 1R.

3. Exhibit 1R reminded the applicant of the callover today at 10:00am and provided the location of the courtroom. Exhibit 1R also informed the applicant that if the applicant failed to appear, orders may be sought that his application be dismissed with costs.

4. On 19 April 2018, the applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in English. On that occasion, the matter was set down today at 10:00am for callover before me. Order 14 of the Orders made on that occasion indicated that in the event there is no appearance by or on behalf of the applicant at the time of any scheduled Court event, the application may be dismissed without further notice.

5. It is now 11:33am. The matter has been called on at least two occasions, the most recent being within the last five minutes. 

6. 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 hearing or for any other reason. In the circumstances, I am satisfied that the applicant was aware of today’s scheduled hearing and for whatever reason has chosen not to attend. 

7. In the circumstances 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 seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  21 June 2019