CHY17 v Minister for Immigration

[2018] FCCA 531

FEDERAL CIRCUIT COURT OF AUSTRALIA

CHY17 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 531

Catchwords:
MIGRATION – Administrative Appeals Tribunal

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:
Federal Circuit Court Rules2001 (Cth), r. 13.03

Applicant: CHY17

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 1677 of 2017

Judgment of: Judge Emmett

Hearing date: 6 March 2018

Date of Last Submission: 6 March 2018

Delivered at: Sydney

Delivered on: 6 March 2018

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Ms Elodie Cheesman
(Clayton Utz)

FEDERAL CIRCUIT
COURT OF AUSTRALIA AT
SYDNEY

SYG 1677 of 2017

CHY17

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this court commenced by way of application filed on 7 September 2017 be dismissed pursuant to rule 13.03(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”) by reason of a failure of the applicant to attend today’s scheduled hearing. 

2. In support, the first respondent’s solicitor, Ms Cheesman, read an affidavit of hers, affirmed 20 December 2017. Ms Cheesman’s affidavit annexed documents that are screenshots of the department’s integrated client serviced environment internal database which records the movement and entry of persons into and out of Australia and the status of visas that are held by such persons.

3. Based on that evidence, Ms Cheesman deposed that the applicant last arrived in Australia on 17 September 2012 and departed Australia on 6 December 2017 holding a bridging visa (class WE).

4. In addition, I note that the applicant attended a directions hearing before a registrar of this court on 7 September 2017 on which occasion the applicant was given leave to file and serve an amended application, any further evidence and submissions in support. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in his own language.

5. At that directions hearing the matter was set down for hearing on 19 February 2020 at 10:15am, before me. Upon application of the first respondent, supported by the affidavit of Ms Cheesman, the hearing on 19 February 2020 was vacated by me on 21 December 2017 and the matter fixed for final hearing on 6 March 2018. 

6. There have been no documents filed by or on behalf of the applicant either in accordance with directions made by the court or otherwise. There has been no communication received from the applicant either by the first respondent’s solicitors or by the court seeking an adjournment of today’s hearing or for any other reason.

7. In the circumstances I am satisfied that the applicant has departed Australia. 

8. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this court commenced by way of Application filed on 7 September 2017 should be dismissed with costs.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 8 March 2018