CTF17 v Minister for Immigration

[2017] FCCA 2654

FEDERAL CIRCUIT COURT OF AUSTRALIA

CTF17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2654

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), rr.13.03C, 44.12

Applicant: CTF17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1969 of 2017

Judgment of: Judge Emmett

Hearing date: 31 October 2017

Date of Last Submission: 31 October 2017

Delivered at: Sydney

Delivered on: 31 October 2017

REPRESENTATION

Applicant appeared in person

Solicitors for the Respondents: Ms Jennifer Strugnell
Minter Ellison

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1969 of 2017

CTF17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

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 Rules2001 (Cth) (“the Rules”) that the proceeding before this Court, commenced by way of application filed on 22 June 2017, be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. In support of that application, the first respondent’s solicitor, Ms Strugnell, tendered a letter dated 24 October 2017 on the letterhead of the first respondent’s solicitor and addressed to the applicant at the applicant’s address for service in Australia as identified in the applicant’s Initiating Application.

3. The letter from the first respondent dated 24 October 2017 was marked Exhibit 1R and enclosed by way of service the first respondent’s outline of submissions and reminded the applicant of the date and time of today’s hearing and provided the location of the courtroom.  I note that Exhibit 1R was sent also to a Post Office Box address identified by the applicant at the First Court Date as his current postal address.

4. There has been no other communication received from the applicant either in accordance with the directions made on 21 September 2017 or otherwise. At that directions hearing, the applicant was given leave to file and serve an Amended Application, any further evidence and submissions in support.

5. I note that at the directions hearing the applicant was provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language.

6. On that occasion, the matter was set down for a hearing pursuant to r.44.12 of the Rules today at 9:30am. It is now 9:50am. The matter has been called on at least two occasions, the most recent being within the last five minutes.

7. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and for whatever reason has chosen not to attend. 

8. The application made by the first respondent is appropriate, and the proceeding before this Court commenced by way of application filed on 22 June 2017 should be dismissed with costs.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 7 November 2017