Husnain v Minister for Immigration

[2019] FCCA 1370

FEDERAL CIRCUIT COURT OF AUSTRALIA

HUSNAIN v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1370

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

Applicant: MUHAMMAD HUSNAIN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1574 of 2017

Judgment of: Judge Emmett

Hearing date: 22 May 2019

Date of Last Submission: 22 May 2019

Delivered at: Sydney

Delivered on: 22 May 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Counsel for the Respondents: Mr Patrick Knowles

Solicitors for the Respondents: Minter Ellison

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1574 of 2017

MUHAMMAD HUSNAIN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

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 22 May 2017, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the applicant’s failure to attend today’s scheduled hearing.

2. In support, counsel for the first respondent, Mr Patrick Knowles tendered a copy of an email, marked Exhibit 1R. That email attached a letter addressed to the applicant at the applicant’s email address as identified on his initiating application filed on 22 May 2017, and notes that a letter was also sent by post to the applicant’s address for service in Australia with the same content. 

3. The letter provided the applicant with a copy of the first respondent’s written submissions and reminded the applicant that the matter was listed for hearing today at 10:15am before me. The letter also provided the location of the courtroom and informed the applicant that if he failed to appear that the first respondent may seek to have the matter dismissed with costs.

4. The applicant attended a directions hearing before a Registrar of this Court on 19 June 2017 with the assistance of an interpreter. On that occasion, the applicant was given leave to file and serve an amended application, any further evidence and submissions in support. The matter was set down for final hearing today at 10:15am before me. I note that on that occasion, the applicant was also provided with the contact details of legal services providers and translating and interpreting services in documents headed in the applicant’s own language. 

5. There has been no document filed by or on behalf of the applicant, either in accordance with those directions or otherwise. Further, there has been no communication received from the applicant, either by the first respondent or the Court, seeking an adjournment of today’s hearing or for any other reason. 

6. It is now 10:25am. The matter has now been called on at least two occasions outside the courtroom, the most recently being in the last ten minutes.

7. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and, for whatever reason, has chosen not to attend. 

8. Accordingly, the orders sought by the first respondent are appropriate, and the proceeding should be dismissed with costs. 

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate: 

Date:  24 May 2019