Gti18 v Minister for Home Affairs

[2019] FCCA 677

FEDERAL CIRCUIT COURT OF AUSTRALIA

GTI18 & ANOR v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 677

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

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

First Applicant: GTI18

Second Applicant: GTJ18

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3626 of 2018

Judgment of: Judge Emmett

Hearing date: 18 March 2019

Date of Last Submission: 18 March 2019

Delivered at: Sydney

Delivered on: 18 March 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Counsel for the Respondents: Nicholas Swan

Solicitors for the Respondents: Mills Oakley Lawyers

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3626 of 2018

GTI18

First Applicant

GTJ18

Second Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 24 December 2018, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled hearing.

2. The first applicant attended a directions hearing before a Registrar of this Court on 4 February 2019. On that occasion, the applicants were given leave to file and serve an amended application, any further evidence and submissions in support of their application. At that directions hearing, the applicants were also provided with the contact details of legal services providers and translating and interpreting services in documents headed in their own language.

3. The matter was set down at that directions hearing for hearing today at 9.30am, before me.

4. On 4 February 2019, the applicant filed a Notice of Address for Service. However, no other document has been filed by or on behalf of the applicants, either in accordance with the directions made on 4 February 2019 or otherwise.

5. The first respondent, in support of the application, tendered two documents. The first, a copy of a letter, dated 14 March 2019, and marked Exhibit 1R, from the first respondent’s solicitors addressed to the applicant at the applicant’s address for service in Australia. Exhibit 1R, enclosed the first respondent’s submissions by way of service and an affidavit of Ariel Zin, affirmed 14 March 2019. It also reminded the applicant that the matter is listed for hearing today at 9.30am before me and provided the location of the courtroom.

6. Exhibit 1R also informed the applicant that, if the applicant did not attend, the first respondent may seek orders that the initiating application, filed on 24 December 2018, be dismissed with costs.

7. The second document is marked Exhibit 2R. It is a copy of an email from the first respondent’s solicitor to the applicant’s email address, as identified on the Notice of Address for Service, filed on 4 February 2019.  Exhibit 2R contains the same information as Exhibit 1R.

8. The time is now 10.45am. The matter has been called on at least three occasions outside the Court, the most recently being in the last 10 minutes. There has been no communication received from the applicant, either by the first respondent’s solicitors or by the Court, seeking an adjournment of today’s hearing or for any other reason.

9. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and, for whatever reason, has chosen not to attend. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court, commenced by way of application filed on 24 December 2018, should be dismissed with costs.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  27 March 2019