Eib19 v Minister for Immigration and Anor (No.4)

[2020] FCCA 1188

FEDERAL CIRCUIT COURT OF AUSTRALIA

EIB19 v MINISTER FOR IMMIGRATION & ANOR (No.4) [2020] FCCA 1188

Catchwords:
PRACTICE & PROCEDURE – Subpoena – where subpoena relates to the subject matter of a proposed further amended application in respect of which leave was refused – subpoena struck out.

Applicant: EIB19

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

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 2835 of 2019

Judgment of: Judge Street

Hearing date: 5 May 2020

Date of Last Submission: 5 May 2020

Delivered at: Sydney

Delivered on: 5 May 2020

REPRESENTATION

Counsel for the Applicant: Mr J Williams via Microsoft Teams

Solicitors for the Applicant: Barriston Lawyers

Counsel for the Respondents: Mr T Reilly via Microsoft Teams

Solicitors for the Respondents: Mills Oakley

ORDERS

1. The applicant’s subpoena dated 4 May 2020 is struck out.

DATE OF ORDER: 5 May 2020

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2835 of 2019

EIB19

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

1. The applicant filed a subpoena on 4 May 2020 clearly relating to the subject matter of the proposed further amended application, leave for which was refused. The first respondent has asked for that subpoena to be struck out. It is appropriate in these circumstances, where leave to rely upon the proposed further amended application has been refused, that the subpoena be struck out. Accordingly, the Court makes the following order.

I certify that the preceding one (1) paragraphs are a true copy of the transcript of the published oral reasons for judgment of Judge Street delivered in open Court on 5 May 2020 and the parties were sent a sealed copy of the Court’s orders.

Associate:

Date: 19 May 2020