DSZ16 v Minister for Immigration

[2018] FCCA 1830

FEDERAL CIRCUIT COURT OF AUSTRALIA

DSZ16 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 1830

Catchwords:
MIGRATION – Application to review decision of Immigration Assessment Authority – non-appearance by Applicant.

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: DSZ16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 3465 of 2016

Judgment of: Judge Barnes

Hearing date: 28 June 2018

Delivered at: Sydney

Delivered on: 28 June 2018

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondents: Clayton Utz

ORDERS

1. There being no appearance by the Applicant the application of 7 December 2016 is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The Applicant pay the costs of the First Respondent fixed in the amount of $3,606.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3465 of 2016

DSZ16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Immigration Assessment Authority filed on 7 December 2016.  The matter was listed for callover in August 2018.  However the solicitors for the Minister sought to put before the Court evidence that the Applicant had departed Australia.  The solicitor for the Applicant had filed a notice of withdrawal as lawyer on 31 May 2018.

2. While the Minister’s lawyer enquired as to whether I was minded to make orders dismissing the matter in chambers, in my view such orders are not orders of a procedural nature to be made in chambers.  I considered it appropriate to list the matter for directions today.  The Applicant was notified of the listing at his last known address.

3. There was no appearance today by or on behalf of the Applicant. 

4. The Minister relies on an affidavit of Svetlana Zarucki sworn on 6 June 2018.  It attaches information from the Department’s internal database system, including movement records which record that the Applicant departed Australia on 13 May 2018.  There is no evidence to suggest that the Applicant is the holder of a visa which entitles him to return to Australia. 

5. In any event, neither the Applicant nor anyone on his behalf appeared today. In these circumstances I consider it appropriate to dismiss the matter for non-appearance pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and to order that the Applicant pay the First Respondent’s costs.

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

Date: 6 July 2018