DCT17 v Minister for Immigration

[2018] FCCA 211

FEDERAL CIRCUIT COURT OF AUSTRALIA

DCT17 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 211

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE & 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: DCT17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2193 of 2017

Judgment of: Judge Emmett

Hearing date: 30 January 2018

Date of Last Submission: 30 January 2018

Delivered at: Sydney

Delivered on: 30 January 2018

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr Julian Pinder (Minter Ellison)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2193 of 2017

DCT17

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 that the proceeding before this Court, commenced by way of application filed on 12 July 2017, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support, the first respondent tendered two letters under cover of emails.

3. The first letter, marked Exhibit 1R, is dated 3 November 2017, and informed the applicant of the day, date and time of today’s scheduled hearing, and also informed the applicant that in the event they did not appear, the first respondent may seek to have the matter dismissed with costs.

4. A letter in similar terms, dated 22 January 2018 and marked Exhibit 2R, was sent to the applicant on that date.

5. On 12 October 2017, the applicant attended a directions hearing before a Registrar of this Court. On that occasion, the applicant was given leave to file and serve an amended application, any further evidence and submissions.

6. At the request of the first respondent, the matter was set down for a show-cause hearing today, pursuant to r.44.12 of the Rules, before me.

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

8. There has been no document filed by the applicant either in accordance with those directions or otherwise.

9. I note that the first respondent filed submissions on 19 January 2018.

10. The matter was listed today at 9:30am for a show-cause hearing.  It is now 10:18am. The matter has been called on at least two occasions, the most recent being in the last 10 minutes.

11. There has been no communication received by or on behalf of the applicant, either from the Court or the first respondent's solicitor, seeking an adjournment of today's hearing, or for any other reason.

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

13. The orders sought by the first respondent are appropriate.

14. Accordingly, the proceeding before this Court, commenced by way of application filed on 12 July 2017, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing.

I certify that the preceding fourteen (14) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 7 February 2018