BPL15 v Minister for Immigration

[2016] FCCA 788

FEDERAL CIRCUIT COURT OF AUSTRALIA

BPL15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 788

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – failure to appear – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: BPL15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2153 of 2015

Judgment of: Judge Street

Hearing date: 8 April 2016

Date of Last Submission: 8 April 2016

Delivered at: Sydney

Delivered on: 8 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Ms A Lucchese
Sparke Helmore

ORDERS

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

2. The applicant pay the costs of the first respondent fixed in the amount of $3416

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2153 of 2015

BPL15

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) in respect of a decision of the Tribunal made on 8 July 2015 affirming the decision not to grant the applicant a protection visa.

2. The matter was listed for callover today and the applicant has not appeared.  There has been tendered a copy of a letter from the Court registry dated 2 March 2016 sent to the applicant that did not accurately identify the applicant’s road.  A further letter has been tendered.  The first letter was marked exhibit A dated 7 March 2016 sent by the solicitors for the first respondent to the applicant’s correct address.  That letter enclosed a copy of the letter of 2 March 2016 from the Court in respect of the callover listed for today and also foreshadowed that if the applicant failed to appear the first respondent would seek to have the application dismissed.

3. The first respondent moves for the application be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied, in light of the letter sent by the first respondent dated 7 March 2016 that the applicant was notified at his correct address as identified on the application of the callover today. I am satisfied the applicant was aware of the hearing and 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. 

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

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  28 April 2016