DLJ16 v Minister for Immigration

[2018] FCCA 2576

FEDERAL CIRCUIT COURT OF AUSTRALIA

DLJ16 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 2576

Catchwords:
MIGRATION – Application for administrative review of decision – where applicant had notice of hearing – where applicant failed to appear at hearing – application dismissed.

Applicant: DLJ16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: BRG 1067 of 2016

Judgment of: Judge Egan

Hearing date: 5 September 2018

Date of Last Submission: 5 September 2018

Delivered at: Brisbane

Delivered on: 5 September 2018

REPRESENTATION

Applicant: No appearance

Solicitors for the First Respondent: Sparke Helmore Lawyers

Counsel for the First Respondent: Mr Byrnes

Second Respondent: Submitting appearance

IT IS ORDERED ON A FINAL BASIS THAT:

1. The Application filed on 15 November 2016 be dismissed pursuant to Rule 13.03C (1)(c) of the Federal Circuit Rules 2001.

2. The Applicant pay the First Respondent’s costs fixed in the amount of seven thousand, four hundred and sixty-seven dollars ($7,467.00)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 1067 of 2016

DLJ16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. Mr Byrnes of counsel appears today on behalf of the first respondent.  The matter has been listed for final hearing before the court today.  The matter was listed for hearing at 12 midday.  It is now 1 pm on the day nominated for hearing.  Mr Byrnes announced his appearance as counsel on behalf of the first respondent.  The applicant was then called three times outside the court.  It is clear that he is not in the precincts of the court and unable to attend. 

2. I have been advised by Mr Byrnes that he has been instructed by his instructing solicitor that she telephoned the applicant at approximately 12 o’clock, at which time the applicant advised her that he was at Tweed Heads.  Tweed Heads is a driving distance of approximately one and a half hours from Brisbane, depending on traffic.  In all of the circumstances, the applicant has failed to appear and one can only proceed on the basis, therefore, that he has no further interest in pursuing his application for review.

3. Accordingly, his application is dismissed.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Egan

Date: 24 September 2018