Illam v Minister for Immigration

[2017] FCCA 901

FEDERAL CIRCUIT COURT OF AUSTRALIA

ILLAM v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 901

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for Court to exercise powers under r.13.03C(1)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: ARUN KISHAKKE ILLAM

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNALS

File Number: SYG 236 of 2017

Judgment of: Judge Street

Hearing date: 4 May 2017

Date of Last Submission: 4 May 2017

Delivered at: Sydney

Delivered on: 4 May 2017

REPRESENTATION

No appearance by the Applicant.

Solicitors for the Respondents:

Mr A Flick

DLA Piper

ORDERS

1. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The Applicant pay the First Respondent’s costs fixed in the amount of $2,500.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 236 of 2017

ARUN KISHAKKE ILLAM

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNALS

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 20 December 2016. The proceedings were commenced on 24 January 2017 and there was a return date of 27 April 2017. On the face of the initiating proceedings, that return date was before a Registrar of the Court. On 27 April 2017, the applicant failed to appear and the Registrar made an order that the matter be listed before this Court on 4 May 2017.

2. The first respondent has moved for the application to be dismissed.  The first respondent has tendered a letter sent to the email address of the applicant identified on the initiating process, foreshadowing that if the applicant did not attend, the first respondent would move for the matter to be dismissed with the costs. The matter has been called outside the Court and the applicant has failed to appear.

3. I am satisfied that the applicant was aware of the return date before this Court. I am satisfied this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

4. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

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

Date: 25 May 2017