DFM16 v Minister for Immigration

[2019] FCCA 1574

FEDERAL CIRCUIT COURT OF AUSTRALIA

DFM16 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1574

Catchwords:
MIGRATION – Application to review decision of Administration Appeals Tribunal – no appearance by Applicant.

Legislation:

Federal Circuit Court Rules2001 (Cth), s.13.03C(1)(c)

Applicant: DFM16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2956 of 2016

Judgment of: Judge Barnes

Hearing date: 29 May 2019

Delivered at: Sydney

Delivered on: 29 May 2019

REPRESENTATION

The Applicant: No appearance

Solicitors for the Respondents: Mills Oakley Lawyers

ORDERS

1. There being no appearance by the Applicant, the application filed on 27 October 2016 be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The Applicant pay the costs of the First Respondent fixed in the sum of $5,400.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2956 of 2016

DFM16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

1. This is an application for review of a decision of the Administrative Appeals Tribunal.  The Applicant sought review by application filed in this court on 27 October 2016.  He attended a directions hearing in March 2017 and a callover in December 2017. 

2. The matter was initially listed for hearing on 21 February 2019.  It became necessary to change the hearing date.  The Applicant was notified by email to the email address he had provided of the fact that the matter would be heard today.  The date, time and place were specified in the email of 25 October 2018. 

3. In addition, the solicitor for the Minister has tendered and relies on letters sent by Express Post to the Applicant (at both his post office box address and his residential address), enclosing by way of service the First Respondent’s submissions and reminding him of the time, date and place of the hearing.  These letters also put the Applicant on notice that he was required to attend the hearing and that if he did not do so, the First Respondent may, without further notice, seek orders that his application be dismissed with costs.

4. The Applicant was not present this morning at the time that the matter was listed for hearing. Nor is he present now, nearly 25 minutes later. In these circumstances, the Minister seeks that the application be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). The court has not received any explanation for the Applicant’s failure to appear today. I am satisfied on the evidence before me he was on notice of the hearing date, time and place and that in these circumstances it is appropriate that the application be dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 with costs.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Barnes

Associate: 

Date:       7 June 2019