CPB15 v Minister for Immigration

[2016] FCCA 3081

FEDERAL CIRCUIT COURT OF AUSTRALIA

CPB15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 3081

Catchwords:
MIGRATION – Judicial review – non-appearance.

Legislation:

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

Applicant: CPB15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: MLG 2673 of 2015

Judgment of: Judge Harland

Hearing date: 8 November 2016

Date of Last Submission: 8 November 2016

Delivered at: Melbourne

Delivered on: 8 November 2016

REPRESENTATION

The Applicant: No appearance

Counsel for the Respondents: Mr Cunynghame

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. The application filed 2 December 2015 be dismissed.

2. The applicant pay the costs of the first respondent fixed in the sum of $5,800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT LAUNCESTON

MLG 2673 of 2015

CPB15

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 a final hearing at 9.00am.  It is now 9.10am and the applicant has not attended court.  The first respondent has tendered a letter, which I will mark as exhibit A, which is a letter addressed to the applicant at the address that appears throughout the court book and in his application for review which was sent by express post in closing the respondent’s submissions and reminding him of today’s court date.

3. The applicant has a history of not attending important events and, in fact, failed to attend an interview with the delegate and failed to attend for the hearing before the Tribunal.  The only complaint he raises in his application is that the Tribunal did not give him sufficient time to provide evidence to support his applicant.  That cannot be made out when the court book is studied, given the fact that he was sent an invitation letter to attend the hearing on 5 October 2015, with the hearing scheduled to take place on 5 November 2015.  This also has to be seen in the context of the applicant failing to attend upon for the interview with the delegate and being aware of the delegate’s decision to refuse his visa application.

4. I have indicated the applicant has used the same address where the invitation letters were sent to him and it is the same address that he uses on his application for judicial review filed with this court. I am satisfied that the applicant was on notice of the proceedings today and has failed to attend and the application should be dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 for non-appearance.

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

Date: 29 November 2016