Eaq16 v Minister for Immigration

[2019] FCCA 624

FEDERAL CIRCUIT COURT OF AUSTRALIA

EAQ16 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 624

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled 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

Applicant: EAQ16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3693 of 2016

Judgment of: Judge Emmett

Hearing date: 7 March 2019

Date of Last Submission: 7 March 2019

Delivered at: Sydney

Delivered on: 7 March 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms Jennifer Strugnell
Minter Ellison Lawyers

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3693 of 2016

EAQ16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 22 December 2016, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support of the application, the first respondent tendered two documents. The first, marked exhibit 1R, is a copy of an email, dated 26 February 2019, addressed to the applicant at the applicant’s email address as identified on the initiating application. The email refers to a letter dated 26 February 2019. A copy of that letter was attached to the email.

3. The letter, dated 26 February 2019 was separately tendered and marked exhibit 2R. It is a letter from the first respondent’s solicitors to the applicant addressed to his email address, his address for service in Australia and his residential address. Exhibit 2R enclosed, by way of service, the first respondent’s outline of submissions and informed the applicant again of the location of the courtroom and the date and time of his hearing. Exhibit 2R also informed the applicant that if he did not appear, the first respondent may apply to have the matter dismissed for non-appearance, with costs.

4. The applicant attended a directions hearing before a Registrar of this Court on 4 May 2017. On that occasion, the applicant was given leave to file an amended application, any further evidence and submissions in support of his application. 

5. The matter was set down at the directions hearing for final hearing today at 10.15am, before me. The applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language.

6. The time is now 10.32am. The matter has been called on at least two occasions. There has been no document filed by or on behalf of the applicant, either in accordance with the directions made on 4 May 2017 or otherwise. There has been no communication received from the applicant, either by the first respondent’s solicitors or by the Court seeking an adjournment of today’s hearing or for any other reason.

7. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and, for whatever reason, has chosen not to attend.

8. Accordingly, the proceeding before this Court, commenced by way of application filed on 22 December 2016, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules, by reason of the failure of the applicant to attend today’s scheduled hearing.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  18 March 2019