DKX16 v Minister for Immigration

[2018] FCCA 1910

FEDERAL CIRCUIT COURT OF AUSTRALIA

DKX16 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 1910

Catchwords:
MIGRATION – Review of decision by Administrative Appeals Tribunal.

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: DKX16

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APEALS TRIBUNAL

File Number: SYG 3151 of 2016

Judgment of: Judge Emmett

Hearing date: 12 July 2018

Date of Last Submission: 12 July 2018

Delivered at: Sydney

Delivered on: 12 July 2018

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Mr Justin McGovern
(Clayton Utz)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3151 of 2016

DKX16

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APEALS 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 Rules2001 (Cth) that the proceeding before this Court, commenced by way of application filed on 15 November 2016, be dismissed by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support, the applicant attended a directions hearing before a registrar of this Court on 23 March 2017. On that occasion, the applicant was given leave to file and serve an amended application, and any additional evidence in support of his application. The applicant was also directed to file and serve submissions in support of his application. The matter was set down for final hearing today at 10:15am, before me. The applicant had the assistance of an interpreter at the directions hearing. The orders made at the direction hearing stated that in the event there is no appearance by or on behalf of the applicant at the time of any scheduled court event, the application may be dismissed without further notice.

3. There has been no document filed by or on behalf of the applicant, either in accordance with those directions or otherwise. It is now 10:30am. The matter has been called on at least two occasions outside the courtroom, the most recent being within the last five minutes. There has been no communication received from the applicant, either by the Court or by the first respondent or the first respondent’s solicitor, seeking an adjournment of today’s hearing or for any other reason.

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

5. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court should be dismissed with costs.

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

Date: 19 July 2018