FSD17 v Minister for Immigration

[2019] FCCA 2870

FEDERAL CIRCUIT COURT OF AUSTRALIA

FSD17 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 2870

Catchwords:
MIGRATION – Where no appearance by applicant – where applicant had failed to answer her telephone – application dismissed with costs.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Applicant: FSD17

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: ADG 533 of 2017

Judgment of: Judge Young

Hearing date: 17 September 2019

Date of Last Submission: 17 September 2019

Delivered at: Darwin

Delivered on: 17 September 2019

REPRESENTATION

The Applicant: No appearance

Counsel for the First Respondent: Mr Retallick

Solicitors for the First Respondent: Australian Government Solicitor

ORDERS

1. The applicant filed 22 December 2017 be dismissed.

2. The first respondent henceforth be referred to as “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.

3. The applicant pay the first respondent’s costs in the sum of $2,500.

4. That in accordance with rule 16.05 of the Federal Circuit Court Rules 2001 the applicant has liberty to apply to set aside the orders made today on filing and serving an application and affidavit setting out her reasons for wanting the orders set aside and explaining her non-attendance at court today within 28 days of receipt by her of a sealed copy of these orders.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DARWIN

ADG 533 of 2017

FSD17

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Ex-Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This matter was listed to hear an application for judicial review.

3. I am sitting in Darwin and conducting the hearing by video from Adelaide where counsel for the Minister has appeared today. There was no appearance by the applicant. The court officer in Adelaide called the matter outside the courtroom and there was no appearance.

4. I then caused the applicant to be telephoned on a mobile telephone number appearing on her application. My deputy associate made the call and informed me that the phone message identified the phone as the applicant’s and then the matter went through to message bank.

5. There is no other reason I am aware of why the applicant has not appeared today and accordingly, I propose to dismiss the application pursuant to Rule 13.03C(1)(c), that is, for default of appearance by the applicant.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Young

Associate: 

Date:       9 October 2019