BSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2019] FCCA 2041

FEDERAL CIRCUIT COURT OF AUSTRALIA

BSG17 v MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ANOR [2019] FCCA 2041

Catchwords:
MIGRATION – Immigration Assessment Authority.

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: BSG17

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number:   SYG 1209 of 2017

Judgment of: Judge Emmett

Hearing date: 25 July 2019

Date of Last Submission: 25 July 2019

Delivered at: Sydney

Delivered on: 25 July 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Counsel for the Respondents: Mr Tim Reilly

Solicitors for the Respondents: HWL Ebsworth

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1209 of 2017

BSG17

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by application filed on 21 April 2017, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the applicant’s failure to attend today’s scheduled hearing.

2. In support, counsel for the first respondent tendered an email, dated 15 July 2019, attaching a letter addressed to the applicant at the applicant’s address for service in Australia. Those documents together were marked exhibit 1R.

3. On 3 August 2017, the applicant attended a directions hearing with the assistance of a Tamil interpreter before a Registrar of this Court and also with the assistance of a legal volunteer from Justice Connect. On that occasion, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support of the application. The applicant was also provided at that directions hearing with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language.

4. At that directions hearing the matter was set down for final hearing today at 10:15am before me.

5. There have been no documents filed by or on behalf of the applicant either in accordance with the Court’s directions or otherwise.

6. It is now 10:25am. There has been no communication received by the Court or by the first respondent from the applicant either seeking an adjournment of today’s hearing or for any other reason.

7. Exhibit 1R enclosed by way of service a copy of the first respondent’s submissions and reminded the applicant that the matter is listed for hearing today at 10:15am and provided the location of the courtroom.

8. The matter has been called on at least 2 occasions and most recently within the last 5 minutes.

9. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing and for whatever reason has chosen not to attend.

10. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court should be dismissed with costs.

I certify that the preceding ten (10) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 1 August 2019