DZB16 v Minister for Immigration (No.2)

[2016] FCCA 3381

FEDERAL CIRCUIT COURT OF AUSTRALIA

DZB16 v MINISTER FOR IMMIGRATION (No.2) [2016] FCCA 3381

Catchwords:
MIGRATION – Minister for Immigration and Border Protection.

PRACTICE AND PROCEDURE – no appearance by or on behalf of the applicant at scheduled directions hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

Cases Cited:
DZB16 v Minister for Immigration and Border Protection [2016] FCCA 3336

Applicant: DZB16

Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File Number: SYG 3631 of 2016

Judgment of: Judge Street

Hearing date: 21 December 2016

Date of Last Submission: 21 December 2016

Delivered at: Sydney

Delivered on: 21 December 2016

REPRESENTATION

No appearance by or on behalf of the Applicant. 

Solicitor for the Respondent: Mr Tom Hillyard
(Sparke Helmore Lawyers)

ORDERS

1. Leave be granted to the respondent to file in Court the affidavit of Mr Tom Hillyard affirmed on 21 December 2016.

2. The application filed on 19 December 2016 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

3. No order as to costs.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3631 of 2016

DZB16

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent

REASONS FOR JUDGMENT

EX TEMPORE

1. This matter was listed for directions and the matter has been called outside the Court. The applicant has not appeared. Evidence has been put on by the respondent identifying that the applicant was removed from Australia on 20 December 2016. The respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

2. At the ex parte application made by the applicant on 19 December 2016, the applicant was informed of the listing of the matter today for directions. If the applicant had sought to do so, the applicant could have taken steps to arrange for legal representation to be present today in respect of the application.

3. The substance of what occurred in the ex parte application is identified in this Court’s Reasons for Judgment in DZB16 v Minister for Immigration and Border Protection [2016] FCCA 3336.

4. I am satisfied that the applicant was aware of the listing today. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Rules.

5. Accordingly, the application is dismissed under r.13.03C(1)(c) of the Rules.

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

Date:  22 December 2016