BTD17 v Minister for Immigration

[2019] FCCA 1200

FEDERAL CIRCUIT COURT OF AUSTRALIA

BTD17 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1200

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), rr.13.03C, 44.12.

Applicant: BTD17

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1231 of 2017

Judgment of: Judge Emmett

Hearing date: 2 May 2019

Date of Last Submission: 2 May 2019

Delivered at: Sydney

Delivered on: 2 May 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1231 of 2017

BTD17

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order, pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”), that the proceeding before this Court, commenced by way of application filed on 24 April 2017, be dismissed by reason of the applicant’s failure to attend today’s schedule hearing.

2. The applicant attended a directions hearing before a Registrar of the Court on 3 August 2017, and on that occasion was given leave to file and serve an amended application, any further evidence, and submissions in support of his application. At that directions hearing, the matter was set down for a show cause hearing, pursuant to r.44.12 of the Rules, on 18 September 2017 at 9:30am, before me.

3. On 21 August 2017, orders were made by me, varying the orders made on 3 August 2017, and the matter was set down for final hearing on 29 August 2019 at 10:15am, before me.

4. On 7 March 2019, orders were made in chambers by me, vacating the hearing date on 29 August 2019, and listing the matter for final hearing before me on 2 May 2019 at 10:15am.

5. No document was filed by or on behalf of the applicant, either in accordance with the relevant directions or otherwise. There has been no communication received from the applicant, either by the Court or from the first respondent’s solicitors, seeking adjournment of today’s hearing or for any other reason.

6. The first respondent’s solicitor, Mr Gao, read the affidavit of Cameron O’Sullivan, affirmed 26 April 2019, which annexes various documents that satisfy me that the applicant departed Australia on 12 August 2018 and does not hold any visa, including any Bridging Visa, and therefore does not have a present right to return to Australia.

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 24 April 2017, should be dismissed with costs, pursuant to r.13.03C(1)(c) of the Rules.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 7 May 2019