Islam v Minister for Immigration

[2017] FCCA 777

FEDERAL CIRCUIT COURT OF AUSTRALIA

ISLAM v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 777

Catchwords:
MIGRATION – Administrative Appeals Tribunal – non-appearance by the applicant – first respondent moved for proceedings to be dismissed pursuant to 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: MD MONIRUL ISLAM

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3771 of 2016

Judgment of: Judge Street

Hearing date: 20 April 2017

Date of Last Submission: 20 April 2017

Delivered at: Sydney

Delivered on: 20 April 2017

REPRESENTATION

No appearance by the Applicant.

Solicitors for the Respondents:

Ms B Rayment

Mills Oakley Lawyers

ORDERS

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

2. The Applicant to pay the First Respondent’s costs fixed in the amount of $2,200.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3771 of 2016

MD MONIRUL ISLAM

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act1958 (Cth) (“the Act”) with respect to a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 6 December 2016 affirming a decision of the delegate not to grant the applicant a Student (Temporary) (Class TU) visa.

2. The application was filed in this Court on 30 December 2016. The matter was listed before the Registrar for a first return date on 30 March 2017. On that occasion, the Registrar noted that there was no appearance for the applicant and stood the matter over to 13 April 2017. On that occasion, again, there was no appearance by the applicant, and the Registrar directed that the matter be listed before this Court on today’s date.

3. An affidavit has been read by the first respondent in support of an application under r.13.03C(1)(c) of the Federal Circuit Court Rules2001 to have the application dismissed. That affidavit identifies that the applicant left Australia on 23 March 2017. A copy of an email communication from this Court sent to the applicant’s email address as identified on the application has also been tendered by the first respondent.

4. I am satisfied that the applicant was aware of the directions date, first before the Registrar. I am satisfied that the applicant was aware of the hearing date before this Court. I am satisfied that 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. 

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

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 27 April 2017