GHH18 v Minister for Home Affairs

[2019] FCCA 2923

FEDERAL CIRCUIT COURT OF AUSTRALIA

GHH18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 2923

Catchwords:
MIGRATION – Absence of applicant when matter called – application pursuant to Rule.13.03C(1)(c) of Rules for dismissal of application in absence of a party – application dismissed.

Legislation:

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

Applicant: GHH18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: PEG 643 of 2018

Judgment of: Judge Egan

Hearing date: 9 October 2019

Date of Last Submission: 9 October 2019

Delivered at: Perth

Delivered on: 9 October 2019

REPRESENTATION

Applicant: No appearance

Solicitors for the First Respondent: Ms A. Ladhams

Second Respondent: Submitting appearance

ORDERS

1. The application for review filed on 3 December 2018 is dismissed.

2. The Applicant pay the First Respondent’s costs of and incidental to the application for review fixed in the amount of $6,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PERTH

PEG 643 of 2018

GHH18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was listed for hearing this morning at 9.30 am before the court. Ms Ladhams appears on behalf of the first respondent. There was no appearance on behalf of the applicant. The associate was asked to call the matter three times in the precincts of the court. The associate did so, and there was subsequently still no appearance by the applicant. It is now 9.38 am.

2. Ms Ladhams has advised the court that an email was sent to the nominated address for service of the applicant on 18 September 2019.  That email, the court was informed, relevantly annexed a letter of that date addressed to the applicant advising the applicant that the matter was listed for hearing at 9.30 am today. The email further enclosed copies of submissions and a list of authorities to be relied upon by the first respondent at the hearing. That letter and email was marked Exhibit 1. 

3. No response was received to that correspondence by Ms Ladhams, and I am advised by her that no other contact has been made with the first respondent, either directly or through the Australian Government Solicitor, by the applicant. In those circumstances, Ms Ladhams has made an application, pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), for dismissal of the application for review in the absence of the applicant.

4. In all of the circumstances, the court accepts that the application is well-founded, and, accordingly, an order is made that the application for review, filed on 3 December 2018, is dismissed. It is also appropriate that the applicant be ordered to pay the First Respondent’s costs fixed in the amount of $6,000.00.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Egan

Associate:  

Date:  14 October 2019