CSF16 v Minister for Immigration

[2017] FCCA 2611

FEDERAL CIRCUIT COURT OF AUSTRALIA

CSF16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2611

Catchwords:
MIGRATION – Protection visa application – review of Immigration Assessment Authority decision – non-appearance by applicant – applicant left Australia using “Assisted Voluntary Return” scheme – application dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

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

Applicant: CSF16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 2571 of 2016

Judgment of: Judge Smith

Hearing date: 13 October 2017

Date of Last Submission: 13 October 2017

Delivered at: Sydney

Delivered on: 13 October 2017

REPRESENTATION

No appearance by or for the applicant.

Solicitors for the Respondents: Mr C Robertson, DLA Piper Australia

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the amount of $4,085.

THE COURT NOTES THAT:

(1)The Court is not aware of how many matters are dealt with by way of Assisted Voluntary Returns within the Department however, it might be better in the future if an applicant were to take part in that process, a Notice of Discontinuance could be prepared at the time. By doing so would allow the hearing date to become available well in advance and possibly be filled by another matter.  It would also save the time of the Minister in coming down to make an application in which he knows he will be successful.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2571 of 2016

CSF16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

(Delivered Extempore and Revised)

1. This matter was called for hearing shortly after 10:15am today and called outside the Court.  The applicant did not appear. 

2. The reason for the applicant’s non-appearance is made evident by the evidence of Charlotte Elizabeth Saunders which in fact explains that the applicant has left Australia. 

3. In those circumstances, I accede to the application by the Minister that the application be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

Date:     27 October 2017