CVS15 v Minister for Immigration

[2017] FCCA 2509

FEDERAL CIRCUIT COURT OF AUSTRALIA

CVS15 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2509

Catchwords:

MIGRATION – 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), r.13.03C

Applicant: CVS15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3541 of 2015

Judgment of: Judge Emmett

Hearing date: 17 October 2017

Date of Last Submission: 17 October 2017

Delivered at: Sydney

Delivered on: 17 October 2017

REPRESENTATION

No appearance by or behalf of the applicant

Solicitors for the Respondents: Ms Chloe Hillary
DLA Piper Australia

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3541 of 2017

CVS15

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 rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), that the proceeding before this Court, commenced by way of application filed on 31 December 2015, be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. In support, the solicitor for the first respondent read the affidavit of Chloe Anne Hillary, affirmed 6 October 2017, annexing screenshots from the Integrated Client Services Environment, which I accept disclosed that the applicant departed Australia on 20 September 2017.  I also accept that the documents attached to Ms Hillary’s affidavit show that the applicant does not hold a valid visa to return to Australia.

3. In any event, on 3 March 2016 the applicant attended a directions hearing before a Registrar of this Court with the assistance of an interpreter. On that occasion, the applicant was given leave to file and serve an amended application, any further evidence and submissions in support of the application. On that occasion, the applicant was also provided with the contact details of legal services providers, and translating and interpreting services, in documents headed in the applicant’s own language. 

4. There has been no document filed by or on behalf of the applicant either in accordance with the directions made on 3 March 2016 or otherwise.

5. The matter was set down for hearing on 3 March 2016 today at 10:15am before me.  It is now 10:48am.  The matter has been called on at least two occasions, including in the last five minutes. 

6. Based on the evidence before me, I’m satisfied that the applicant is no longer in Australia. I am also satisfied that the applicant is aware of today’s scheduled hearing.

7. In the circumstances, the orders sought by the first respondent are appropriate.

8. Accordingly, the proceeding for this Court, commenced by way of application filed on 31 December 2015, 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

Associate: 

Date:  24 October 2017