DRX16 v Minister for Immigration

[2017] FCCA 330

FEDERAL CIRCUIT COURT OF AUSTRALIA

DRX16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 330

Catchwords:
MIGRATION – Migration Act 1958 (Cth) – Protection visa Application – non-appearance at final hearing by Applicant – Application dismissed with costs pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Applicant: DRX16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3422 of 2016

Judgment of: Judge Dowdy

Hearing date: 24 February 2017

Date of Last Submission: 24 February 2017

Delivered at: Sydney

Delivered on: 24 February 2017

REPRESENTATION

No appearance by or for the Applicant.

Counsel for the Respondents: Ms L Crick

Solicitors for the Respondents: Minter Ellison

THE ORDERS OF THE COURT ARE AS FOLLOWS:

1. The Application filed in this Court on 5 December 2016 is dismissed for want of appearance at the final hearing today pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The Applicant is to pay the First Respondent’s costs of the proceeding in the sum of $3,606.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3422 of 2016

DRX16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

1. In this matter, an Application was made to the court on 5 December 2016 for relief with respect to a decision of the Administrative Appeals Tribunal. A mobile telephone number was given on the Application as well as an address at Campsie, and a return date of the Application was set down for 10 February 2017. At 9.30am on 7 December, the solicitors for the Minister, the First Respondent, sent a letter to the Applicant dated 7 September 2016 enclosing a Notice of Address for Service of the First Respondent and noting that the matter was listed on 10 February 2017 at 80 William Street at 9.30am and giving fair notice that if there were no appearance, the Minister might apply to have the matter dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) with costs.

2. The matter was before the Court on 10 February 2017 when Ms Strugnell appeared on behalf of the Minister and there was no appearance by the Applicant. Ms Strugnell informed me and I accepted that she had attempted to make telephone communication with the telephone number appearing on the Application but the number responded as disconnected. Ms Strugnell asked for the matter to be dismissed for want of appearance there and then, but I stood the matter over to today. 

3. There has been further tendered in support of the application for dismissal a letter dated 10 February 2017 from Minter Ellison referring to the fact that the Applicant had not appeared on 10 February 2017 and further noting that the matter had been adjourned to 24 February 2017 at 9.30 am, and noting that if he did not appear today, the matter would be dismissed pursuant to the Federal Circuit Court rule I have referred to above.

4. In these circumstances, the Applicant, upon whom lies the onus of propounding his case, has now not appeared before the Court on two occasions, and accordingly, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), I dismiss the Application for want of appearance.

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

Date:     6 March 2017