CCN18 v Minister for Home Affairs

[2019] FCCA 2228

FEDERAL CIRCUIT COURT OF AUSTRALIA

CCN18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 2228

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance made by the applicant – decision made in absence of the Applicant pursuant to r.1303C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) – no jurisdictional error made – application is dismissed.

Legislation:

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

Applicant: CCN18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1180 of 2018

Judgment of: Judge Humphreys

Hearing date: 1 August 2019

Date of Last Submission: 1 August 2019

Delivered at: Sydney

Delivered on: 1 August 2019

REPRESENTATION

No appearance by the Applicant.

Solicitors for the Respondents: Ms Pieri, HWL Ebsworth Lawyers

ORDERS

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

2. The Applicant to pay the First Respondent’s costs fixed in the amount of $4,500.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1180 of 2018

CCN18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR EX TEMPORE JUDGMENT

(Revised from Transcript)

Introduction

1. This matter was listed today for hearing at 2 pm. There has been no appearance of the applicant. The applicant’s name has been called outside the Court on three occasions and the matter was adjourned briefly until 2.15pm in order to allow a sufficient amount of in time in case the applicant was running late.

2. I have been provided by the solicitor appearing for the Respondent, Ms Pieri, a copy of a letter that was sent to the applicant by both email and by post addressed to him at his last known place of address. That letter enclosed by way of service, is a copy of the submissions filed in the Court on 24 July 2019, and a reminder that the matter was listed at 2 pm today in the Federal Circuit Court of Australia, Court 13.1, which is the Court that we are currently in, at 80 William Street, Sydney.

Considerations

1. I am reasonably satisfied that the applicant was properly notified as to the time, date and place of the hearing and that he has failed to appear. Ms Pieri has asked that I deal with the matter on the basis of

   
   

   r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), that is, if the absent party is an applicant, that I dismiss the application. I accede to that request and dismiss the application pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) on the basis that the applicant has failed to attend.

2. I will just make the following additional comments. This is a situation whereby the applicant first made an application for a protection visa. The applicant failed to attend before the delegate for the Minister for Home Affairs, and the delegate made a decision to reject the visa. The applicant sought merits review in the Administrative Appeals Tribunal. The applicant also failed to attend there at the time when the matter was listed for hearing. The applicant has failed to attend again here today.

3. One is left with the inescapable conclusion that this applicant may, indeed, be gaming the system. Indeed, on current performance, it would be unremarkable if the applicant would seek to appeal this decision to the Federal Court. If that were to happen and, of course, it is as matter for that body, not for this Court, I would suggest the matter might be brought on very quickly for disposition by way of a summary hearing, or at least to ensure that the applicant attends and is not yet further gaming the system in an attempt to obtain further time in Australia working, in order to assist him in whatever way he thinks that is.

Conclusion

1. Accordingly, the application is dismissed.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Humphreys

Deputy Associate:  

Date:  26 August 2019