Jawed v Minister for Immigration

[2018] FCCA 2956

FEDERAL CIRCUIT COURT OF AUSTRALIA

JAWED v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 2956

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: FARHAN JAWED

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3626 of 2016

Judgment of: Judge Emmett

Hearing date: 18 October 2018

Date of Last Submission: 18 October 2018

Delivered at: Sydney

Delivered on: 18 October 2018

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Justin McGovern
(Clayton Utz)

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

No. SYG 3626 of 2016

FARHAN JAWED

Applicant

And

MINISTER FOR IMMIGRATION AND 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 19 December 2016, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”), by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support, the first respondent tendered email correspondence between the applicant and the first respondent’s solicitor. That correspondence was tendered and marked Exhibit 1R. In particular, Exhibit 1R discloses that, on 11 October 2018, the applicant confirmed that he was outside Australia. 

3. The first respondent’s solicitor also read the affidavit of Elodie Jane Cheesman, affirmed 24 September 2018, annexing screen shots of the first respondent’s “Integrated Client Services Environment” (“ICSE”) internal database system, recording that the applicant departed Australia on 31 December 2017 and that his visa had ceased as at that date. 

4. On 13 April 2017, the applicant attended a directions hearing before a registrar of this Court. On that occasion the applicant was also given leave to file and serve an Amended Application giving complete particulars of each ground of review relied upon, together with any further evidence by way of affidavit, including any transcript of the Tribunal hearing, as well as submissions in support. The matter was set down for final hearing on 10 October 2018 at 10:15am, before me.

5. On 23 August 2018 Orders were made by me vacating that hearing date and listing the matter for final hearing on 18 October 2018 at 10.15am before me, that being today.

6. The applicant has not filed any document either in accordance with the directions made by this Court or otherwise, nor has there been any communication received from the applicant by the Court seeking an adjournment of today’s hearing.

7. On 9 September 2018, the applicant emailed my Chambers and the first respondent as follows:

   “Respected all,

   I am overseas at the moment for my own marriage and i am not allowed to travel to Australia without having a valid visa.

   Kindly allow me a travel visa along w8thy spouse in order to come to attend court hearing.

   Thank you.”

   (Errors in original)

8. The matter has been called on at least two occasions outside, the most recent being sometime within the last 20 minutes. In the circumstances, I am satisfied that the applicant is aware of today’s hearing but for whatever reason has not attended and, in those circumstances, the first respondent is entitled to the orders they seek.

9. Accordingly, pursuant to r.13.03C(1)(c) of the Rules, the proceeding before this Court should be dismissed with costs, by reason of the failure of the applicant to attend today’s hearing.

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

Date: 23 October 2018