CCX15 v Minister for Immigration and Border Protection

[2016] FCA 1418

FEDERAL COURT OF AUSTRALIA

CCX15 v Minister for Immigration and Border Protection [2016] FCA 1418

Appeal from:	Application for extension of time: CCX15 v Minister for Immigration & Border Protection [2016] FCCA 1307
File number:	NSD 996 of 2016
Judge:	FARRELL J
Date of judgment:	24 November 2016
Catchwords:	MIGRATION – application for extension of time to appeal judgment of the Federal Circuit Court of Australia – protection visas – where applicants failed to attend hearing of the application – application dismissed
Legislation:	Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)
Cases cited:	CCX15 v Minister for Immigration & Border Protection [2016] FCCA 1307
Date of hearing:	24 November 2016
Registry:	New South Wales
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	6
Counsel for the Applicants:	The applicants did not appear
Solicitor for the First Respondent:	Ms B Griffin of Australian Government Solicitor
Counsel for the Second Respondent:	The second respondent submitted save as to costs

ORDERS

NSD 996 of 2016

BETWEEN:

CCX15

First Applicant

CCY15

Second Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	FARRELL J
DATE OF ORDER:	24 NOVEMBER 2016

THE COURT ORDERS THAT:

1.The application is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure of the applicants to appear at the hearing.

2.The applicants’ pay the first respondent’s costs as agreed or taxed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

1. The applicants are citizens of China; they are a husband and wife.

2. By an application filed on 22 June 2016, the applicants seek an extension of time to appeal a judgment of the Federal Circuit Court of Australia (FCCA) delivered on 31 May 2016 dismissing the applicants’ application for a review of a decision of the Administrative Appeals Tribunal (Tribunal) made on 24 September 2015: see CCX15 v Minister for Immigration & Border Protection [2016] FCCA 1307. The Tribunal affirmed a decision of a delegate of the Minister made on 22 May 2014 to refuse the applicants Protection (Class XA) Visas.

3. When the time set down for the hearing of the application arrived at 10.15 am this morning, the applicants did not appear.  The matter was called outside the court.  When they still did not appear, the Minister’s representative, with the assistance of an interpreter, called the telephone number listed on the applicants’ application for an extension of time.  That number was non-responsive.  Again, with the assistance of the interpreter, the Minister’s representative called the contact number listed on the materials provided to the FCCA.  The husband answered the phone and said that he did not know about the hearing because he is in Perth.   He said that he did not know whether his wife had received the relevant documents but they might have been sent to them.

4. The Minister made an application pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for an order dismissing the application for an extension of time for failure of the applicants to attend the hearing.

5. The Minister has supplied a copy of a letter dated 23 September 2016 sent to the address set out in the applicants’ application for an extension of time notifying them that the application was listed for hearing today at 10.15 am.  A further letter was sent on 17 November 2016 to the same address enclosing a sealed copy of the Minister’s written submissions and again notifying them of the hearing date and time. 

6. I note that the applicants have not actively pursued their application.  They did not file a draft notice of appeal with their application, and they did not file either a draft notice of appeal or written submissions in accordance with orders made by Registrar Morgan for the case management of the application.  In these circumstances I will dismiss the application and I will order that the applicants pay the Minister’s costs as agreed or taxed.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Farrell.

Associate:

Dated:       25 November 2016