DDQ16 v Minister for Immigration

[2017] FCCA 1305

FEDERAL CIRCUIT COURT OF AUSTRALIA

DDQ16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1305

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for the Court to exercise its powers under r.13.03C(1)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: DDQ16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2899 of 2016

Judgment of: Judge Street

Hearing date: 16 June 2017

Date of Last Submission: 16 June 2017

Delivered at: Sydney

Delivered on: 16 June 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Mr T Shaw
Clayton Utz

ORDERS

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

2. Applicant to pay the first respondent’s costs fixed in the amount of $3,606.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2899 of 2016

DDQ16

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 Act 1958 (Cth) (“the Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 26 September 2016.

2. On 2 March 2017, a Registrar of the Court made orders fixing the matter for hearing today at 10:15am. The applicant was in attendance at the time the Registrar made the orders. The matter has been called and it is now 10:55am and the applicant has failed to appear.

3. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has tendered a copy of a letter sent to the applicant on 8 June 2017 reminding the applicant of the hearing date today and foreshadowing an application to have the matter dismissed with costs if the applicant failed to appear. The letter was sent to the address identified on the application. 

4. I am satisfied that the applicant was aware of today’s hearing date. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  6 September 2017