BWL15 v Minister for Immigration

[2016] FCCA 174

FEDERAL CIRCUIT COURT OF AUSTRALIA

BWL15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 174

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: BWL15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2519 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

Solicitors for the Respondents: Ms S Sangha
Minter Ellison

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 2519 of 2015

BWL15

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 23 March 2015 affirming a decision of the delegate not to grant the applicant a protection visa.

2. On 22 October 2015, the matter was fixed for hearing today at 10.15am.  The applicant has not appeared and it is now past 11 am.  The first respondent tendered a letter dated 25 January 2016 sent to the address of the applicant as identified on the application filing the initiating process in this Court reminding the applicant of the hearing date and time. 

3. I am satisfied that the applicant was aware of the hearing date, and note the first respondent has moved for the dismissal of the proceedings under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that this is an appropriate matter in which to exercise the Court’s power under that rule. The application is dismissed under rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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