Eer18 v Minister for Immigration

[2019] FCCA 3738

FEDERAL CIRCUIT COURT OF AUSTRALIA

EER18 v MINISTER FOR IMMIGRATION & ANOR  [2019] FCCA 3738

Catchwords:
MIGRATION – Administrative Appeals Tribunal – application for protection visa – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) – being if the absent party is an applicant, dismiss the application – no jurisdictional error – application dismissed.

Legislation:

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

Applicant: EER18

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2246 of 2018

Judgment of: Judge Humphreys

Hearing date: 12 December 2019

Date of Last Submission: 12 December 2019

Delivered at: Parramatta

Delivered on: 12 December 2019

REPRESENTATION

No appearance by the Applicant:

Solicitors for the Respondents: Mr Hillyard, Sparke Helmore

ORDERS

1. The name of the First Respondent be changed to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

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

3. The applicants to pay the First Respondent’s costs fixed in the amount of $5,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

SYG 2246 of 2018

EER18

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR EX TEMPORE JUDGMENT

(Revised from Transcript)

Introduction

1. This matter was listed for hearing at 10am 12 December 2019. It is now 10.20am. The applicants’ name has been called outside the Court three times. The applicants have also been called over the public address system.

2. I have been provided with a copy of a letter forwarded to the applicants by express post on 5 December 2019. That letter indicates that this matter is listed at 10am 12 December 2019 at the Federal Circuit Court of Australia, 1-3 George Street Parramatta.

Consideration

1. I am reasonably satisfied that the applicants should have been or are aware of the time, date, and place of the hearing and that they have failed to appear.

2. Accordingly, I dismiss the matter pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), that being, if the absent party is an applicant, dismiss the application.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Humphreys

Deputy Associate:  

Date:  23 December 2019