CDQ15 v Minister for Immigration

[2016] FCCA 3083

FEDERAL CIRCUIT COURT OF AUSTRALIA

CDQ15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 3083

Catchwords:
MIGRATION – Judicial review – non-appearance.

Legislation:

Migration Act 1958 (Cth)

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

Applicant: CDQ15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: MLG 2344 of 2015

Judgment of: Judge Harland

Hearing date: 9 November 2016

Date of Last Submission: 9 November 2016

Delivered at: Melbourne

Delivered on: 9 November 2016

REPRESENTATION

The Applicant: No appearance

Counsel for the Respondents: Mr Leerdam

Solicitors for the Respondents: DLA Piper Australia

ORDERS

1. Pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 the application filed 20 October 2015 be dismissed.

2. The applicant pay the costs of the First Respondent fixed in the sum of $5,700.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 2344 of 2015

CDQ15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. These reasons for judgment were delivered orally.  They have been corrected from the transcript.  Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This matter was listed today for final hearing with respect to the applicant’s application for judicial review.  A Registrar of this Court listed the matter today during the directions hearing on 30 March 2016.  The listing was for 10.00am today, 9 November 2016 before me.  The first respondent has handed up an affidavit of service which shows that the applicant was served by courier with the first respondent’s submissions together with a letter notifying him of the hearing date of today, satisfied that the applicant is on notice of the hearing today and it is now 10.15am and has not responded to the call.

3. I note that the applicant does not disclose any arguable grounds for review in his application and having considered the court book, it is not obvious to me that there is any error. I dismiss the application for want of appearance by the applicant pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). The first respondent seeks costs in the sum of $5700 which is less than the amount allowed in the scale for a final hearing.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Harland

Associate: 

Date:  29 November 2016