Efl17 v Minister for Immigration

[2018] FCCA 310

FEDERAL CIRCUIT COURT OF AUSTRALIA

EFL17 & ORS v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 310

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 Rules2001 (Cth), r.13.03C

First Applicant: EFL17

Second Applicant: EFM17

Third Applicant: EFN17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2928 of 2017

Judgment of: Judge Emmett

Hearing date: 12 February 2018

Date of Last Submission: 12 February 2018

Delivered at: Sydney

Delivered on: 12 February 2018

REPRESENTATION

Applicant: No appearance by or on behalf of the applicants

Solicitors for the Respondents: Mr Julian Pinder (Minter Ellison)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2928 of 2017

ELF17

First Applicant

ELM17

Second Applicant

ELN17

Third 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 proceedings before this court, commenced by way of application filed on 20 September 2017, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. On 9 February 2018, being last Friday and today being Monday, the applicants filed a document at the Registry stating that none of the applicants would appear at the hearing today for various identified reasons.

3. It is apparent from that document that there is no valid reason to prevent the applicants appearing today.  The document repeats, to some extent, handwritten submissions filed by the applicant on 14 December 2017 and 24 January 2018 in relation to various complaints about the solicitor for the first respondent and about submissions filed on behalf of the first respondent. The document also complains about the legal representative who appeared for the first respondent at the first court date because that person was not the solicitor on the record for the first respondent.

4. The document also asserts that a digital recording of the hearing has not been provided. However I am informed by the first respondent’s solicitor, Mr Pinder, that discs of the hearing have been provided to the applicants on two occasions, being 24 November 2017 and 2 February 2018. 

5. The document also seeks various orders against the first respondent’s solicitor on the record. 

6. The document also seeks a new date for a show cause hearing.

7. I note that on 23 October 2017, the applicants appeared at a directions hearing before a Registrar of this Court and on that occasion, at the request of the first respondent, the matter was set down for a show cause hearing today, at 9.30am. I note that at that directions hearing the applicants were given leave to file an amended application, any further evidence by way of affidavit, and submissions in support of their application.  I further note that the applicants were provided with the contact details of legal services providers and translating and interpreting services in documents in their own language. 

8. In the circumstances, I am satisfied that the applicants are aware of today’s hearing and have chosen not to attend for the reasons disclosed in the document referred to above. Those reasons do not justify the failure of the applicants to attend the hearing today, nor do they support adequately an application for an adjournment. All the matters referred to in the document filed could have been addressed today, including issues that the applicants may have with the first respondent’s written submission or their conduct generally in the course of the judicial review application.

9. The applicants do not suggest that there was any other impediment to them appearing today. 

10. In the circumstances, if it be the fact that the applicants were seeking an adjournment of today’s hearing based on the document referred to above, that application is refused for the reasons above. 

11. Otherwise, the proceeding before this Court, commenced by way of application on 20 September 2017, is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) by reason of the failure of the applicants to attend today’s scheduled hearing.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  19 February 2018