ECH16 v Minister for Immigration

[2017] FCCA 1030

FEDERAL CIRCUIT COURT OF AUSTRALIA

ECH16 v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1030

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by or on behalf of the applicant – appropriate matter for the Court to exercise its powers under r.13.03C(1)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: ECH16

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3730 of 2016

Judgment of: Judge Street

Hearing date: 18 May 2017

Date of Last Submission: 18 May 2017

Delivered at: Sydney

Delivered on: 18 May 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents:

Mr A Flick

DLA Piper

ORDERS

1. Grant leave to the First Respondent to file and serve the affidavit of Kim Mai Nguyen affirmed 17 May 2017.

2. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

3. The Applicant pay the First Respondent’s costs fixed in the amount of $2,200.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3730 of 2016

ECH16

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 27 November 2016.

2. The applicant filed an application in this Court on 23 December 2016 and was provided with a notice of filing and hearing identifying that matter was returnable before a Registrar of the Court on 11 May 2017 at 10:15 am. At that time, the applicant failed to appear and a Registrar of the Court made an order standing the proceedings over before this Court today at 9:30 am.

3. The matter has been called outside the Court both by the pseudonym and the applicant’s full name and there is no appearance. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. An affidavit has been read by the first respondent confirming service of the orders made by the Registrar on the address identified in the originating application. The Court also endeavoured to contact the applicant on the telephone number provided on that application to which there was no response.

4. On the material before the Court, the Court is satisfied that the applicant was aware of the hearing date today before the Court. The Court is satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Rules 2001.

5. Accordingly, the application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules2001. 

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

Associate: 

Date:  21 June 2017