CAY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCCA 1970

FEDERAL CIRCUIT COURT OF AUSTRALIA

CAY17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1970

File number:

DNG 37 of 2019

Judgment of:

JUDGE YOUNG

Date of judgment:

10 August 2021

Catchwords:

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister’s delegate to refuse to grant a Protection (Class XA) visa – where the applicant failed to appear – application dismissed.  

Legislation:

Migration Act 1958 (Cth)

Federal Circuit Court Rules 2001 (Cth) r 13.03C

Number of paragraphs:

5

Date of hearing:

10 August 2021

Place:

Darwin

The Applicant:

No appearance by or for the Applicant

Solicitor for the First Respondent:

Ms Stokes of Australian Government Solicitor

ORDERS

DNG 37 of 2019

BETWEEN:

CAY17

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE YOUNG
DATE OF ORDER:	10 AUGUST 2021

THE COURT ORDERS THAT:

1.The Application filed on 20 November 2019 is dismissed.

2.The Applicant is to pay the First Respondent’s costs in the fixed sum of $5,000.00.

3.In accordance with rule 16.05 of the Federal Circuit Court Rules 2001 (Cth) the Applicant has liberty to apply to set aside the orders made today on filing and serving an application and affidavit setting out his reasons for wanting the orders set aside and explaining his non-attendance at court today within 28 days of receipt by him of a sealed copy of these orders.

REASONS FOR JUDGMENT
Ex Tempore

JUDGE YOUNG:

1. This an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister to refuse to grant the applicant a Protection (Class XA) visa. 

2. The applicant did not appear when the matter was listed at 10.15am today.  I asked my associate and Ms Stokes to wait for a period of time before calling the matter on.  Of course, Ms Stokes waited patiently and so did the interpreter.  The applicant has not appeared. It is now 10.47am and there is no explanation for his absence. The matter was originally listed on 8 June 2021 before me. That date was vacated for reasons I do not need to mention. The matter was adjourned to this morning.

3. The applicant was advised of the new date by email to the address that appears in his application –that is, [email protected]. There is no indication of any change of the email address on the Court file. Ms Stokes also confirmed that the Minister wrote to the applicant last week, by email using the same address, advising him the matter was listed for today and that he must attend. The Minister further advised that if he did not attend the matter may be dismissed and a cost orders may be sought against him. Ms Stokes has informed me that there was no response to that email and no indication that the address was no longer current. 

4. In the circumstances, I am satisfied that the applicant has been properly informed that the matter was listed today and, for reasons that are unclear, has not appeared. I dismiss the application, pursuant to rule 13.03C of the Federal Circuit Court Rules 2001 (Cth).

5. I will make an order for costs in the sum of $5,000 which I note appears to be somewhat less than the maximum fee that may be sought.

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

Associate:

Dated:       24 August 2021