CQS15 v Minister for Immigration

[2016] FCCA 1296

FEDERAL CIRCUIT COURT OF AUSTRALIA

CQS15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1296

Catchwords:
MIGRATION – Non-appearance of Applicant at final hearing.

Legislation:

Federal Circuit Court Rules 2001

Applicant: CQS15

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3353 of 2015

Judgment of: Judge Dowdy

Hearing date: 26 May 2016

Delivered at: Sydney

Delivered on: 26 May 2016

REPRESENTATION

No appearance for the Applicant.

Counsel for the 1^st Respondent: Mr Glavac (solicitor).

Solicitors for the 1^st Respondent: Clayton Utz.

ORDERS

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

2. The Applicant is to pay the First Respondent’s costs of the proceeding in the sum of $6825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3353 of 2015

CQS15

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

And

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The Applicant in this matter filed his application on 15 October 2015.  The return date was 15 January 2016 and the matter came before me when the Applicant was in court and consent orders providing for a timetable to get the matter ready for hearing was agreed and I made the orders in the document which was handed up and which had been signed by the Applicant and I set the matter down for final hearing today.  The matter was called this morning at 10:15am, initially three times outside the Court, and there was no appearance. 

2. After that I adjourned to my chambers with my Associate where he sent an email to the email address of the Applicant given on his application, pointing out that there had been no appearance and asking for an urgent response to tell the Court what was happening.  There has now, at the time I am delivering this judgment at 10.55 am, been no response to that email. It will be marked Exhibit ‘A’.  Upon my return to Court I again had my Associate call the matter three times outside the Court and again, there has been no appearance.

3. For finality, Mr Glavac, who appears today for the First Respondent, has tendered, and I have had it marked ‘Exhibit B’, an email sent from his firm, Clayton Utz, on 19 May 2016 at 10.40 am to the same email address appearing on the application, attaching the First Respondent’s Outline of Submissions in accordance with the agreed timetable. Mr Glavac tells me there was never any response to that email and it did not bounce back to Clayton Utz. The Applicant has not appeared today. In those circumstances, Mr Glavac asks under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 for the application to be dismissed.  That seems to me to be the only course available and accordingly, I dismiss the application.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Dowdy

Date: 26 May 2016