CIM16 v Minister for Immigration

[2017] FCCA 900

FEDERAL CIRCUIT COURT OF AUSTRALIA

CIM16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 900

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for Court to exercise powers under r.13.03C(1)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: CIM16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2281 of 2016

Judgment of: Judge Street

Hearing date: 4 May 2017

Date of Last Submission: 4 May 2017

Delivered at: Sydney

Delivered on: 4 May 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Ms K Hooper
HWL Ebsworth Lawyers

ORDERS

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

2. The applicant to pay the First Respondent’s costs fixed in the amount of $3,606.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2281 of 2016

CIM16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter within the Court’s jurisdiction under s.476 of the Migration Act1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 5 August 2016. The proceedings were commenced on 23 August 2016. On 20 January 2017, this Court made orders fixing the matter for hearing on 17 May following the filing of the court book. The matter was the subject of an order made on 1 May 2017, relisting the matter for directions. The matter has been called and the applicant has failed to appear.

2. The first respondent has tendered a letter to the applicant, sent to the applicant’s email address as identified on the application, notifying the applicant of the directions hearing today and foreshadowing that if the applicant failed to appear, an application will be made for the proceedings to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.  I am satisfied that the applicant was aware of today’s directions hearing.

3. I am satisfied this is an appropriate manner in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

4. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 25 May 2017