DIP17 v Minister for Immigration

[2017] FCCA 2046

FEDERAL CIRCUIT COURT OF AUSTRALIA

DIP17 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2046

Catchwords:
MIGRATION – Administrative Appeals Tribunal – application for Constitutional writs in respect of Tribunal’s decision to affirm cancellation of visa – no appearance by the applicant – appropriate matter for Court to exercise 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: DIP17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2348 of 2017

Judgment of: Judge Street

Hearing date: 28 August 2017

Date of Last Submission: 28 August 2017

Delivered at: Sydney

Delivered on: 28 August 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Ms B Rayment
Mills Oakley Lawyers

ORDERS

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

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2348 of 2017

DIP17

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 Act1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 22 June 2017 affirming a decision to cancel the applicant’s Subclass 866 Protection visa.

2. The application in this Court was filed on 25 July 2017. By order made on 22 August 2017 this matter was listed for directions today. The matter has been called, and the applicant has failed to appear. 

3. The first respondent has read an affidavit by Ms Evans identifying the applicant left the country on 4 August 2017. 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 Rules”). An affidavit has been read that the applicant departed Australia on 4 August 2017.

4. I am satisfied that the applicant was aware of the hearing date today. I am satisfied that the matter is an appropriate one in which to exercise the Court’s powers under r.13.03C(1)(c) of the Rules. Accordingly, the application is dismissed under r.13.03C(1)(c) the Rules.

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

Date: 26 October 2017