Esd18 v Minister for Immigration and Anor (No.2)

[2020] FCCA 1234

FEDERAL CIRCUIT COURT OF AUSTRALIA

ESD18 v MINISTER FOR IMMIGRATION & ANOR (No.2) [2020] FCCA 1234

Catchwords:
PRACTICE AND PROCEDURE – where applicant consented to dismissal of proceedings – where applicant later made an application in a case seeking to set aside that consent order – where matter erroneously allocated fresh matter number – where order to strike out second matter number was not perfected – second matter number struck out.

Applicant: ESD18

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3139 of 2019

Judgment of: Judge Street

Hearing date: 23 March 2020

Date of Last Submission: 23 March 2020

Delivered at: Sydney

Delivered on: 23 March 2020

REPRESENTATION

The applicant appeared in person.

Solicitors for the Respondents: Mr M Gao, Australian Government Solicitor, via telephone

ORDERS

1. The proceedings are struck out.

THE COURT NOTES THAT:

1. This order was intended to be perfected on 14 February 2020 and the Court has given reasons today why the proceedings were struck out which, in summary, was because the application in a case was filed in SYG2555/2018 seeking to have set aside the consent order made on 11 February 2019.

DATE OF ORDER: 23 March 2020

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3139 of 2019

ESD18

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES & MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. Proceedings were brought before this Court on 4 September 2018 seeking a Constitutional writ in matter SYG2555/2018.

2. The applicant, through his lawyer, consented to the dismissal of those proceedings on 11 February 2019.

3. The applicant then commenced proceedings in the Federal Court seeking to agitate the consent order. A learned Justice of that Court remitted the matter to this Court and by error, the Registry gave it a fresh matter number.

4. On 14 February 2020, this Court made an order striking out those proceedings, SYG3139/2019, and accepted an application in a case to have the consent order set aside in proceedings SYG2555/2018.

5. For these reasons, the Court made orders striking out proceedings SYG3139/2019 on 14 February. That order does not appear to have been perfected by being entered up and that should now occur.

6. It is for these reasons, in those proceedings, that matter is struck out.

I certify that the preceding six (6) paragraphs are a true copy of the transcript of the published oral reasons for judgment of Judge Street delivered in open Court on 23 March 2020.

Associate: 

Date: 21 May 2020