CDR15 v Minister for Immigration and Border Protection

[2015] FCA 1418

FEDERAL COURT OF AUSTRALIA

CDR15 v Minister for Immigration and Border Protection [2015] FCA 1418

Citation:	CDR15 v Minister for Immigration and Border Protection [2015] FCA 1418
Appeal from:	Application for leave to appeal: CDR15 v Minister for Immigration & Anor [2015] FCCA 2824
Parties:	CDR15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number:	NSD 1250 of 2015
Judge:	MARKOVIC J
Date of judgment:	10 December 2015
Legislation:	Federal Court Rules 2011 r 35.32(c)
Date of hearing:	10 December 2015
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	3
Counsel for the Applicant:	The Applicant did not appear
Solicitor for the Respondents:	Mr A Markus of Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1250 of 2015

BETWEEN:

CDR15
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	MARKOVIC J
DATE OF ORDER:	10 DECEMBER 2015
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1250 of 2015

BETWEEN:

CDR15
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	MARKOVIC J
DATE:	10 DECEMBER 2015
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The respondent, the Minister for Immigration and Border Protection (the Minister), applies for an application for leave to appeal filed by the applicant on 21 October 2015 to be dismissed pursuant to r 35.32(c) of the Federal Court Rules 2011 (the Rules).  When that application initially came on for hearing at short notice before me, neither the applicant nor anyone on his behalf appeared.  The applicant was already on his way departing Australia.  The Minister has now sought to have the matter relisted so it can be finally disposed of. 

2. The Minister relies on an affidavit of Mr Andras Markus affirmed 9 December 2015.  In that affidavit, Mr Markus deposes to the fact that he has been instructed by an officer of the Minister’s Department that on the morning of 21 October 2015, following orders made by the Federal Circuit Court the previous day, the applicant was removed from Australia.  Mr Markus also provides a copy of a screenshot of departmental records relating to the applicant’s movements to and from Australia.  That shows that the applicant departed Australia at or around 9.21 am on 21 October 2015.  When the matter was called this morning, there was no appearance on behalf of the applicant. 

3. In the circumstances, I will make the order sought by the Minister and dismiss the application pursuant to r 35.32(c) of the Rules.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Markovic.

Associate:

Dated:        11 December 2015