EFB19 v Minister for Immigration

[2020] FCCA 1027

FEDERAL CIRCUIT COURT OF AUSTRALIA

EFB19 v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 1027

Catchwords:
MIGRATION – Lack of particularity in grounds for review – orders that applicant file and serve an amended application for review which was properly particularised – direction that registrar have the powers of the court in the event that the applicant failed to comply with the Court’s orders – application adjourned.

Legislation:

Federal Circuit Court Rules 2001 (Cth), rr.13.03A(1), 13.03B(1)(c), 21.02.

Federal Circuit Court of Australia Act 1999 (Cth), ss.102(2)(i), 102(2)(f).

Applicant: EFB19

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 926 of 2019

Judgment of: Judge Egan

Hearing date: 17 April 2020

Date of Last Submission: 17 April 2020

Delivered at: Brisbane

Delivered on: 17 April 2020

REPRESENTATION

Applicant: In person

Solicitors for the First Respondent: Ms Papworth of Clayton Utz

Second Respondent:  Submitting appearance save as to costs

ORDERS

1. The Applicant is to file and serve an amended application for review, with such amended application to include detailed particulars of the ground or grounds of review sought to be relied upon by the Applicant at the hearing of the application for review, by 4:00pm on 1 May 2020.

2. The Applicant shall file and serve any affidavit containing any additional evidence upon which the Applicant proposes to rely relevant to the amended grounds of review, by 4:00pm on 1 May 2020.

3. The First Respondent shall file and serve any affidavit containing any additional evidence upon which the First Respondent proposes to rely relevant to the amended grounds of review, by 4:00pm on 15 May 2020.

4. This matter be adjourned to the Registrar of the Federal Circuit Court of Australia at Brisbane, to a date to be fixed, for the purpose of the listing of the matter for directions concerning the Applicant’s compliance or noncompliance with Order 1 hereof relating to the ordered filing by the Applicant of an amended application containing detailed particulars of the grounds of review to be relied upon at the final hearing of this matter.

5. The First Respondent shall obtain a copy of the transcript of today’s proceedings and reasons, and forthwith provide a copy of such transcript and reasons to the Applicant.

6. In the event that the Applicant has failed to comply with Order 1 hereof, in breach of the provisions of Rule 13.03A(1)(a) of the Federal Circuit Court Rules 2001 (Cth)(‘the Rules’), the Court directs, pursuant to the provisions of s. 102(2)(i) and s. 102(2)(f) of the Federal Circuit Court of Australia Act 1999 (Cth), that the Registrar have such powers of the Federal Circuit Court of Australia to dismiss the application pursuant to the provisions of Rule 13.03B(1)(c) of the Rules, and thereupon to make an order as to costs pursuant to the provisions of Rule 21.02(2) of the Rules.

7. The costs of and incidental to the hearing today be reserved.

IT IS NOTED THAT:

A.The Applicant appeared today with the assistance of an interpreter in the Mandarin language who interpreted to the Applicant each of the Orders made by the Court.

B.The Applicant was put on notice, during the course of today’s hearing in open Court, that in the event that the Applicant fails to comply with Order 1 hereof relating to the filing of an amended application, the application before the Court for review of the decision of the Administrative Appeals Tribunal handed down on 2 October 2019 is liable to be dismissed pursuant to the provisions of Rule 13.03B(1)(c) of the Rules, a copy of which rule is to be provided to the Applicant by the lawyers for the First Respondent.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 926 of 2019

EFB19

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The court is satisfied that the applicant, through the interpreter, understands the terms of the draft order which has been circulated to the parties today.  The court notes that the applicant, through the interpreter, says that he understood his obligations to file and serve an amended application for review setting out the reason or reasons why he asserts that the Administrative Appeals Tribunal decision which affected him was wrong.  He also signified, and acknowledged, that he had been put on notice, that should he not comply with the orders, that he was liable to have his application for review dismissed. 

2. In those circumstances, the court is satisfied that the applicant well understands why the orders have been made, and well understands the necessity for him to comply with the orders.  He indicated during the course of the hearing that he would be engaging lawyers, and that the lawyers would draft the amended application for review document.  It was indicated to the applicant that, irrespective of whether he had lawyers or not, he still had to comply with the orders of the court, and he signified that he understood that. 

3. In those circumstances, the court makes orders as per the draft circulated to the parties, and it’s ordered that that draft order be placed with the file.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Egan

Associate:

Date: 1 May 2020