DTW16 v Minister for Immigration

[2019] FCCA 1185

FEDERAL CIRCUIT COURT OF AUSTRALIA

DTW16 & ORS v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1185

Catchwords:
MIGRATION – Application in a Case filed by applicants seeking reinstatement of application for judicial review of a decision of the Refugee Review Tribunal which had been earlier dismissed for absence of appearance – applicants seek to withdraw Application in a Case – Application in a Case dismissed.  

Legislation:

Migration Act 1958 (Cth)

First Applicant: DTW16

Second Applicant: DTV16

Third Applicant: DTX16

Fourth Applicant: DTY16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3486 of 2016

Judgment of: Judge Dowdy

Hearing date: 24 April 2019

Delivered at: Sydney

Delivered on: 24 April 2019

REPRESENTATION

The First and Third Applicants appeared in person and by consent and with leave the First Applicant also appeared on behalf of the Second and Fourth Applicants.

Counsel for the First Respondent: Ms. C. Juarez

Solicitors for the First Respondent: Minter Ellison

THE COURT UPON BEING INFORMED THAT THE APPLICANTS WISH TO WITHDRAW THEIR APPLICATION IN A CASE FOR REINSTATEMENT ORDERS AS FOLLOWS:

1. The Application in a Case filed by the Applicants on 7 March 2019 seeking to set aside the Orders of the Court of 19 February 2019 dismissing the Application filed in this proceeding on 8 December 2016 for default of their appearance at the scheduled final hearing is dismissed.

2. The First and Second Applicants are to pay the First Respondent’s costs of the Application in a Case in the sum of $1,864.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3486 of 2016

DTW16

First Applicant

DTV16

Second Applicant

DTX16

Third Applicant

DTY16

Fourth Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The matter before me this morning is an Application in a Case filed by the Applicants which seeks reinstatement of the original Application filed in this Court on 8 December 2016, which had been dismissed by me for absence of appearance on 19 February 2019.  This morning, my Deputy Associate reported to me that the First Applicant, who was the primary applicant for the Protection visa, had indicated to him in Court before I took the Bench that she wished to withdraw the Application in a Case. When the matter was called on I noted to the First Applicant and the Third Applicant, who also appeared and who is now an adult, that the Second Applicant, the husband of the First Applicant, had not appeared but the First Applicant informed me that he was busy working and was unable to be here this morning but that she appeared on his behalf. 

2. Ms Juarez, who appeared for the Minister, then advised that on the way to Court she had received an email from a solicitor, being Ms Elena Su,  who is not on the record for the Applicants, but indicates in that email to Ms Juarez at 9:20 am this morning that the First Applicant had instructed her that she would be attending the Court in person this morning to withdraw her current Application in a Case.  The First and Third Applicant have now informed me that such is their wish, that is, that the Application in a Case be withdrawn, and the First Applicant has indicated that she asks for it to be withdrawn also on behalf of her husband, the Second Applicant, and I note that the Fourth Applicant is a minor.  The First Applicant indicates that she also seeks to withdraw the current Application in a Case on the Fourth Applicant’s behalf.  In that situation, there is no need to say anything else and accordingly, on the advice from the Applicants that they wish to withdraw their Application in a Case, filed with this Court on 7 March 2019 and which I had by administrative order set down for hearing today, and at their request that the Application in a Case be withdrawn, I hereby dismiss it.

I certify that the preceding two (2)  paragraphs are a true copy of the reasons for judgment of Judge Dowdy

Date: 7 May 2019