Farhana v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCCA 2092

FEDERAL CIRCUIT COURT OF AUSTRALIA

Farhana v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2092

File number(s):

SYG 1310 of 2019

Judgment of:

JUDGE STREET

Date of judgment:

17 August 2021

Catchwords:

MIGRATION – Administrative Appeals Tribunal – application for Regional Employer Nomination (Class RN) (Subclass 187) Visas – where the applicants failed to appear before the Court – where the first respondent has moved to have the proceedings dismissed – where the first respondent had notified the applicants of the hearing date – application dismissed pursuant to r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Migration Act 1958 (Cth) s 476

Federal Circuit Court Rules 2001 (Cth) r 13.01C(1)(c)

Number of paragraphs:

6

Date of hearing:

17 August 2021

Place:

Sydney

Solicitor for the applicant:

No appearance

Solicitor for the first respondent:

Mr C O’Sullivan, Australian Government Solicitor

ORDERS

SYG 1310 of 2019

BETWEEN:

RAHMAN FARHANA

First Applicant

ANM WAHID ULLAH BHUIYAN

Second Applicant

MASTER TAHSEEN BHUIYAN

Third Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	17 AUGUST 2021

THE COURT ORDERS THAT:

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

2.The first and second applicants pay the first respondent’s costs fixed in the amount of $3,737.00.

REASONS FOR JUDGMENT

JUDGE STREET:

1. This is an application for a constitutional writ within the Court’s jurisdiction under s 476 of the Migration Act 1958 (Cth) in respect of the decision of the Administrative Appeals Tribunal made on 22 May 2019, affirming the decision of a delegate of the first respondent, refusing to grant the applicants’ Regional Employer Nomination (Class RN) (Subclass 187) Visas.

2. The first applicant is the wife of the second applicant, and the third applicant is a child in respect of whom there has been a litigation guardian order made.

3. These proceedings were commenced on 29 May 2019. The matter was fixed for a show cause hearing today, 17 August 2021. The matter has been called and the applicants have failed to appear.

4. The first respondent has moved to have to proceedings dismissed under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and has tendered in support correspondence, marked Exhibit 1, notifying the applicants of today’s hearing date.

5. The Court is satisfied that the applicants were aware of today’s hearing date. The Court is satisfied that this is an appropriate matter in which to exercise the Court’s powers under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

I certify that the preceding six (6) paragraphs are a true copy of the settled transcript of the published oral reasons for judgment of Judge Street delivered in open Court on 17 August 2021 and the parties were sent a sealed copy of the Court’s orders.

Associate:

Dated: 9 November 2021