BWL18 v Minister for Home Affairs

[2019] FCCA 1717

FEDERAL CIRCUIT COURT OF AUSTRALIA

BWL18 & ORS v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1717

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), r.13.03C

First Applicant: BWL18

Second Applicant: BWM18

Third Applicant: BWN18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1038 of 2018

Judgment of: Judge Emmett

Hearing date: 13 June 2019

Date of Last Submission: 13 June 2019

Delivered at: Sydney

Delivered on: 13 June 2019

REPRESENTATION

Applicants: No appearance by or on behalf of the applicants

Solicitors for the Respondents: Ms Maria Juarez
(Minter Ellison)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1038 of 2018

BWL18

First Applicant

BWM18

Second Applicant

BWN18

Third Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court commenced by way of application, filed on 13 April 2018, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicants to attend today’s scheduled directions hearing.

2. In support, the first respondent’s solicitor tendered a copy of an email and letter dated 9 May 2018, from the first respondent’s solicitor addressed to the applicants at the applicants’ most recent Notice of Address for Service in Australia and the applicants’ identified email address. Those documents were marked Exhibit 1R. 

3. Exhibit 1R reminded the applicants of the callover directions hearing this morning at 10:00am and provided the location of the courtroom. Exhibit 1R further informed the applicants that if they did not appear on that occasion that the first respondent may apply to have the matter dismissed with costs.

4. On 7 May 2018, the first applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicants were given leave to file and serve an amended application, any further evidence and submissions in support. The first applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in their own language. On that occasion, the matter was set down today at 10:00am for callover before me. 

5. It is now 11:25am. The matter has been called on at least two occasions, most recently being within the last five minutes. 

6. There has been no communication received from the applicants, either by the first respondent’s solicitor or by the Court, seeking an adjournment of today’s directions hearing or for any other reason. In the circumstance, I am satisfied that the applicants are aware of today’s directions hearing and, for whatever reason, have chosen not to attend.

7. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 13 April 2018, should be dismissed with costs.

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

Deputy Associate: 

Date:  21 June 2019