BWF15 v Minister for Immigration

[2016] FCCA 175

FEDERAL CIRCUIT COURT OF AUSTRALIA

BWF15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 175

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – no appearance by or on behalf of the applicant – application dismissed for want of appearance pursuant to r.13.03C(1)(c).

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: BWF15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2509 of 2015

Judgment of: Judge Street

Hearing date: 3 February 2016

Date of Last Submission: 3 February 2016

Delivered at: Sydney

Delivered on: 3 February 2016

REPRESENTATION

No appearance by or on behalf of the Applicant

Counsel for the Respondents: Mr T Reilly

Solicitors for the Respondents: 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 $5800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2509 of 2015

BWF15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in relation to a decision of the Tribunal made on 2 September 2015, affirming a decision of the Tribunal to grant the applicant a protection visa. By orders of a registrar made on 22 October 2015, this matter was fixed for hearing today at 10.15 am. It is now past 11 am and the applicant has not appeared. The orders made on 22 October 2015 were ones signed by consent to which the applicant also appended his signature.

2. The first respondent moves under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 for the application to be dismissed.  First respondent has also tendered a letter, dated 27 January 2016, sent to the applicant’s address, as identified on the initiating process, reminding the applicant of the hearing date today, and foreshadowing that the first respondent will seek to have the matter dismissed if the applicant fails to appear. 

3. I note that this is a matter also in which before the Tribunal the applicant had failed to appear despite the attempts of the Tribunal to give the applicant an opportunity to attend the hearing before the Tribunal. I am satisfied that the applicant was aware of the hearing date and that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c). The application is dismissed

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  8 February 2016