FST18 v Minister for Home Affairs

[2019] FCCA 2346

FEDERAL CIRCUIT COURT OF AUSTRALIA

FST18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 2346

Catchwords:
MIGRATION – Absence of applicant when matter called – application for dismissal pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules – application for review dismissed.

Legislation:

Federal Circuit Court Rules 2001 (Cth) r.13.03C(1)(c).

Applicant: FST18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 1127 of 2018

Judgment of: Judge Egan

Hearing date: 13 August 2019

Date of Last Submission: 13 August 2019

Delivered at: Brisbane

Delivered on: 13 August 2019

REPRESENTATION

Applicant: No appearance

Counsel for the Respondent: Mr J. Byrnes

Solicitors for the Respondent: MinterEllison

ORDERS

1. The application for review filed on 30 October 2018 be dismissed pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) due to the absence of the Applicant.

2. The Applicant pay the First Respondent’s costs of and incidental to the application for review fixed in the amount of $7,467.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 1127 of 2018

FST18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was listed for hearing today at 9.30 am before this Court. It is now 11.45 am. Mr Byrnes of Counsel announced his appearance on behalf of the first respondent after the matter was called. There was no appearance on behalf of the applicant. The matter was then called another three times by the associate. There was no response on the part of the applicant in respect of such call.

2. In those circumstances, Mr Byrnes of counsel has made application that the application for review be dismissed pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth)(“the Federal Circuit Court Rules”), namely on the basis that the applicant is an absent party to the proceeding.

3. The Court accepts such application and makes an order accordingly that the application be dismissed pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Egan

Date: 23 August 2019