CLX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2019] FCCA 3229

FEDERAL CIRCUIT COURT OF AUSTRALIA

CLX18 v MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ANOR [2019] FCCA 3229

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 Rules 2001 (Cth), r.13.03C

Applicant: CLX18

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number:   SYG 1344 of 2018

Judgment of: Judge Emmett

Hearing date: 7 November 2019

Date of Last Submission: 7 November 2019

Delivered at: Sydney

Delivered on: 7 November 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitor for the Respondents: Mr Kumar Jeyakkumar
(Mills Oakley)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1344 of 2018

CLX18

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) that the proceeding before this Court commence by way of application filed on 14 May 2018 be dismissed by reason of the applicant’s failure to attend today’s scheduled hearing.

2. The applicant attended a directions hearing on 4 June 2018. On that occasion, the applicant was given leave to file and serve an amended application and any further evidence by way of affidavit by 16 July 2018.  The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. On that occasion, the matter was set down today at 10:00am for callover before me. 

3. The time is now 11:21am. The matter has been called on at least two occasions, the most recent being within the last five minutes. There has been no appearance by or on behalf of the applicant.

4. There has been no communication received from the applicant either by the first respondent’s solicitor or by the Court seeking an adjournment of today’s directions hearing or for any other reason. In the circumstances, I am satisfied that the applicant is aware of today’s Court event and for whatever reason has chosen not to attend.

5. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court commenced by way of application, filed on 14 May 2018, should be dismissed pursuant to r.13.03C(1)(c) of the Rules.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate:

Date:  13 November 2019