BRL15 v Minister for Immigration and Border Protection

[2016] FCA 1301

FEDERAL COURT OF AUSTRALIA

BRL15 v Minister for Immigration and Border Protection [2016] FCA 1301

Appeal from:	BRL15 v Minister for Immigration & Anor [2016] FCCA 1529
File number:	VID 765 of 2016
Judge:	PAGONE J
Date of judgment:	2 November 2016
Catchwords:	MIGRATION – Judicial review – protection visa – non-appearance by appellant – dismissed pursuant to Rule 36.75(1)(a)(i)
Legislation:	Federal Court Rules 2011 (Cth)
Date of hearing:	2 November 2016
Registry:	Victoria
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	3
Counsel for the Appellant:	The appellant did not appear
Counsel for the First Respondent:	Ms P Mitchell
Solicitor for the First Respondent:	Clayton Utz

ORDERS

VID 765 of 2016

BETWEEN:

BRL15

Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	PAGONE J
DATE OF ORDER:	2 NOVEMBER 2016

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Revised from transcript)

PAGONE J:

1. In this matter, the appellant has sought to appeal from the decision made by the Federal Circuit Court on 23 June 2016.  The matter was listed for hearing this morning at 10am and has been called on for hearing.  The appellant has not appeared and he has been called in the Court but no appearance has been made by him or on his behalf.  I am informed by the Minister that there has been no contact with the appellant since the lodging of the appeal.  I am also informed that attempts have been made this morning to contact the appellant on a mobile number that has been given but that there has been no response.

2. Rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) entitles a party to apply for an appeal to be dismissed where the appellant is absent and the appeal is called on for hearing. The circumstances of that rule apply in this case and the Minister has sought an order under that rule for the appeal to be dismissed. In the circumstances, I will make that order. I am comforted in doing so having had the opportunity to read the materials which have been filed in this proceeding. The Minister filed submissions dated 25 October 2016. I have read those submissions, together with the decision of the Federal Circuit Court given on 23 June 2016 and the record of the Tribunal given on 22 July 2015. I have also read the notice of appeal which contained some 15 paragraphs. My reading of the materials indicated that the appeal was unlikely to succeed and in those additional circumstances I will make the order under r 36.75(1)(a)(i).

3. The Minister also seeks costs of the appeal.  It is usual for an order for costs to be made in such cases and there is no reason to depart from that course on this occasion.  The order will be that the appeal be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Pagone.

Associate: 

Dated:        3 November 2016