Doan v Minister for Immigration

[2020] FCCA 1691

FEDERAL CIRCUIT COURT OF AUSTRALIA

DOAN v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 1691

Catchwords:
MIGRATION – Notice of discontinuance lodged but not filed – applicant absent when matter called – order that the application be discontinued.

Applicant: MINH DUC DOAN

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 1090 of 2019

Judgment of: Judge Egan

Hearing date: 16 June 2020

Date of Last Submission: 16 June 2020

Delivered at: Brisbane

Delivered on: 16 June 2020

REPRESENTATION

Applicant: No appearance

Solicitor for the First Respondent: Mr Freeburn of Clayton Utz

Second Respondent: Submitting appearance save as to costs

ORDERS

1. The proceeding be discontinued.

2. The applicant pay the first respondent’s costs of and incidental to the application for review fixed in the amount of $5,227.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 1090 of 2019

MINH DUC DOAN

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, the applicant lodged with the registry of the Court a draft notice of discontinuance in the proper form on 11 June 2020. 

2. As is evident from the contents of Exhibit 2, Exhibit 3 and Exhibit 5 to the proceeding, the applicant was made aware that the hearing today would proceed before the Court by way of a telephone hook-up.

3. The associate has advised the Court that he twice telephoned the applicant this morning at 9.49 and 9.50 am, but that on both occasions, the applicant’s phone was not answered by the applicant.  The associate has advised the Court that Court 5 on level 1 was an open Court, and access could have been obtained to it by the applicant had he answered the call of the matter, which call was made this morning by the associate three times on request by me. 

4. Although the applicant was absent when the matter was called, in circumstances where the applicant has lodged a notice of discontinuance, it is appropriate that the Court make an order that the proceeding be discontinued, rather than dismissed, in the exercise of the Court’s discretion. 

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

Associate:

Date: 24 June 2020