BZL18 v Minister for Home Affairs

[2019] FCCA 1718

FEDERAL CIRCUIT COURT OF AUSTRALIA

BZL18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1718

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

Applicant: BZL18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1099 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

Applicant: No appearance by or on behalf of the applicant

Solicitor for the Respondents: Mr David Baddeley
(Mills Oakley Lawyers)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1099 of 2018

BZL18

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 18 April 2018, be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today's scheduled directions hearing.

2. On 10 May 2018, the applicant attended a directions hearing before a Registrar of this Court. At that directions hearing, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in English. On that occasion, the matter was set down today at 10:00am for callover before me. Order 15 of the Orders made on that occasion indicated that in the event there is no appearance by or on behalf of the applicant at the time of any scheduled Court event, the application may be dismissed without further notice.  

3. It is now 11:15am. The matter has been called on at least two occasions, the most recent being within the last five minutes. 

4. There has been no communication received from the applicant 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 circumstances, I am satisfied that the applicant is aware of today’s hearing and, for whatever reason, has chosen to attend. 

5. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 18 April 2018, should be dismissed with costs.

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

Associate: 

Date:  21 June 2019