BSZ15 v Minister For Immigration and Ors (No.2)

[2017] FCCA 1046

FEDERAL CIRCUIT COURT OF AUSTRALIA

BSZ15 v MINISTER FOR IMMIGRATION & ORS (No.2) [2017] FCCA 1046

Catchwords:
MIGRATION – Judicial review – no appearance for the applicant – application dismissed.

Legislation:

Federal Circuit Court Rules2001 r.13.03

Applicant: BSZ15

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION

Third Respondent: GREG VAN DAM, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION

File Number: DNG 48 of 2015

Judgment of: Judge Young

Hearing date: 10 May 2017

Date of Last Submission: 10 May 2017

Delivered at: Darwin

Delivered on: 10 May 2017

REPRESENTATION

No appearance for the Applicant

Counsel for the Respondents: Ms Davidson

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application filed 28 August 2015 be dismissed.

2. The Applicant pay the Respondents’ costs of and incidental to the application fixed in the sum of $4,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DARWIN

DNG 48 of 2015

BSZ15

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION

Second Respondent

GREG VAN DAM, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION

Third Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. These reasons for judgment were delivered orally.  They have been corrected from the transcript.  Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. I will make a contingent order, that is, I will dismiss the application under rule 13.03(1)(c) Federal Circuit Court Rules 2001 in default of appearance. I will arrange for the matter to be called in Melbourne and if there is no appearance and or on advice there is no appearance by the registry staff in Melbourne I will dismiss the matter. 

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Young

Date: 18 May 2017