BXG16 v Minister for Immigration

[2017] FCCA 206

FEDERAL CIRCUIT COURT OF AUSTRALIA

BXG16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 206

Catchwords:
MIGRATION – Application for extension of time in which to seek review of a decision of the Administrative Appeals Tribunal – no appearance by Applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.477

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

Applicant: BXG16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1920 of 2016

Judgment of: Judge Barnes

Hearing date: 1 February 2017

Delivered at: Sydney

Delivered on: 1 February 2017

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondents: HWL Ebsworth

ORDERS

1. There being no appearance by the Applicant, the application of 21 July 2016 is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules.

2. The Applicant pay the costs of the First Respondent fixed in the sum of $3,606. 

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1920 of 2016

BXG16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. On 21 July 2016 the Applicant filed an application for review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant him a protection visa. She required an extension of time under s.477 of the Migration Act 1958 (Cth). She attended a directions hearing which I conducted on 26 August 2016. She had the assistance of an Indonesian interpreter.

2. On that day orders were made including, relevantly, an order that the matter be listed for hearing of the application for an extension of time at 10:15am today in Court 13.2, Level 13 Terrace Tower, 80 William Street, Sydney.  The Applicant was given the opportunity to file an amended application, evidence and submissions in relation to the application for an extension of time.  She filed no further documents.  

3. The Applicant was not present today at the time the matter was listed.  Nor is she present now, over twenty minutes later. 

4. In these circumstances the First Respondent seeks that the matter be dismissed for non-appearance pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules. In support of that application the Minister relies on correspondence sent by email and express post to the Applicant at the email address provided in her application and to the street address provided in her Notice of Change of Address for Service. By that letter dated 25 January 2017, serving submissions and a list of authorities, the solicitors for the Minister reminded the Applicant of the time, date and place of the listing and advised her that if she did not attend the scheduled hearing, they would seek orders from the Court that her application be dismissed with costs.

5. I am satisfied that the Applicant was on notice of the hearing today.  There is no explanation for her non-appearance.  She has been notified by the Minister of the possibility of dismissal and an adverse costs order.  I consider it appropriate to make the orders sought by the Minister. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Barnes

Associate: 

Date:  8 February 2017