BWY15 v Minister for Immigration

[2016] FCCA 206

FEDERAL CIRCUIT COURT OF AUSTRALIA

BWY15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 206

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: BWY15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2557 of 2015

Judgment of: Judge Street

Hearing date: 8 February 2016

Date of Last Submission: 8 February 2016

Delivered at: Sydney

Delivered on: 8 February 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms H Musgrove
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 First Respondent’s costs fixed in the amount of $5800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2557 of 2015

BWY15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Tribunal made on 2 September 2015, affirming the decision of the delegate not to grant the applicant a protection visa.

2. On 29 October 2015, the registrar of the Court fixed the matter for hearing today at 10.15 am. It is now past 11.15 am and the applicant has failed to appear. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) Federal Circuit Court Rules 2001.  The first respondent has also tendered a letter dated 1 February 2016 sent to the applicant’s correct address identified on the application.

3. I am satisfied that the applicant was aware of the hearing date. I am satisfied that this is an appropriate case in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules. The application is dismissed under r.13.03C(1)(c).

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

Date: 9 February 2016