DLP18 v Minister for Home Affairs

[2019] FCCA 899

FEDERAL CIRCUIT COURT OF AUSTRALIA

DLP18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 899

Catchwords:
MIGRATION – No appearance by or for applicant – application dismissed.

Legislation:

Federal Court Rules 2001 (Cth), r.13.03C

Applicant: DLP18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: DNG 28 of 2018

Judgment of: Judge Young

Hearing date: 22 March 2019

Date of Last Submission: 22 March 2019

Delivered at: Darwin

Delivered on: 22 March 2019

REPRESENTATION

Counsel for the Applicant: No Appearance

Solicitors for the Applicant: No Appearance

Counsel for the Respondent: Ms Clark

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the application filed 3 July 2018 be dismissed.

2. That the applicant pay the first respondent’s costs in the sum of $7,328.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DARWIN

DNG 28 of 2018

DLP18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

Ex-Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This is an application by the applicant to review a decision of the Immigration Assessment Authority.  He did not appear when called today.  I have arranged for my associate to telephone the number appearing at the foot of the application and there was no answer at that number.  I understand my associate also called the number earlier on before I came down and there was no answer.

3. Ms Clark, who appears for the Minister, has informed me that she has previously contacted the applicant on that number in August last year. So the non-response is unexplained and I’m satisfied the applicant’s failure to appear today is unexplained.

4. In the absence of the applicant, I dismiss the application pursuant to rule 13.03C(1)(c) of the Federal Court Rules 2001.

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

Date:  8 April 2019