BXM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCCA 1385

FEDERAL CIRCUIT COURT OF AUSTRALIA

BXM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1385

File number:	SYG 1357 of 2017
Judgment of:	JUDGE STREET
Date of judgment:	21 June 2021
Catchwords:	MIGRATION – Administrative Appeals Tribunal – application for a Protection visa – no jurisdictional error made out – application dismissed.
Legislation:	Federal Circuit Court Rules 2001 (Cth) r 13.03C
Number of paragraphs:	5
Date of hearing:	21 June 2021
Place:	Sydney
Counsel for the Applicant:	No appearance
Counsel for the First Respondent:	Mr B Kaplan
Solicitor for the First Respondent:	MinterEllison

ORDERS

SYG 1357 of 2017

BETWEEN:

BXM17

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	21 JUNE 2021

THE COURT ORDERS THAT:

1.The name of the first respondent is changed to “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs” and the Court dispenses with the need for the filing of any further document in that regard.

2.The application is dismissed pursuant to r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

3.The applicant pay the first respondent’s costs fixed in the amount of $7,206.00.

REASONS FOR JUDGMENT

JUDGE STREET:

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s 476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision of the Immigration Assessment Authority (“the Authority”) under pt 7AA of the Act made on 10 April 2017 affirming the decision of a delegate of the first respondent (“the Delegate”) not to grant the applicant a Safe Haven Enterprise visa.

2. The matter was fixed for hearing today by video and or audio link under link under Part 6 Division 5 of the Federal Circuit Court of Australia Act 1999 (Cth).

3. The applicant has failed to appear. Evidence was provided to the Court that the applicant was served with the hearing notification for today by the first respondent. The Court is satisfied that the email address of the applicant was correct and corresponds with the email address provided on the originating application. That correspondence is marked Exhibit 1.

4. The Court is satisfied that the applicant was properly notified of the hearing and that this is an appropriate matter to exercise the Court's powers under r 13.03C of the Federal Circuit Court Rules 2001 (Cth).

5. Accordingly, the application is dismissed pursuant to r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Street.

Associate:

Dated:       21 June 2021