CSB16 v Minister For Immigration and Anor (No.2)

[2016] FCCA 3107

FEDERAL CIRCUIT COURT OF AUSTRALIA

CSB16 v MINISTER FOR IMMIGRATION & ANOR (No.2) [2016] FCCA 3107

Catchwords:
MIGRATION – Refugee Review Tribunal – Protection (Class XA) visa – no appearance – application of r.13.03C(1)(C) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: CSB16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2563 of 2016

Judgment of: Judge Street

Hearing date: 1 December 2016

Date of Last Submission: 1 December 2016

Delivered at: Sydney

Delivered on: 1 December 2016

REPRESENTATION

Solicitors for the Applicant: No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Ms B Rayment Mills Oakley Lawyers

ORDERS

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

2. The Applicant pay the First Respondent’s further costs fixed in the amount of $4,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2563 of 2016

CSB16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act1958 (Cth) (“the Act”) in respect of a decision of the Refugee Review Tribunal (“the Tribunal”) made on 21 February 2006 affirming a decision of the delegate not to grant the applicant a Protection (Class XA) visa.

2. The applicant is a citizen of India. The matter has been called and no appearance has been made by or on behalf of the applicant. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). The first respondent has also relied upon an affidavit referring to the decision of this Court made on 13 October 2016 declining to grant an interlocutory injunction.

3. On 19 October 2016, screenshots from the Department’s computer database established the applicant left Australia on 18 October 2016 and that the applicant is now located offshore. The matter was fixed for final hearing today pursuant to orders made by Registrar Morgan on 6 October 2016. I am satisfied that the applicant was aware of those orders. The matter has been called outside the Court and no appearance has been made on behalf of the applicant. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

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

Associate: 

Date:  25 January 2017