LIN v Minister for Immigration

[2015] FCCA 1842

FEDERAL CIRCUIT COURT OF AUSTRALIA

LIN v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1842

Catchwords:
MIGRATION – Practice & 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 r.13.03C
Migration Act 1958 s.476

Applicant: QIANG LIN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1362 of 2015

Judgment of: Judge Street

Hearing date: 2 July 2015

Date of Last Submission: 2 July 2015

Delivered at: Sydney

Delivered on: 2 July 2015

REPRESENTATION

No appearance by the Applicant

Solicitors for the First Respondent:

Mr McLaren

Minter Ellison

ORDERS

1. The proceedings be dismissed pursuant to 13.03C of the Federal Circuit Court Rules 2001.

2. The applicant pay the first respondent’s costs fixed in the sum of $1367.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1362 of 2015

QIANG LIN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 in respect of a decision of the Tribunal made on 1 May 2015. The matter was listed today at 9.30 am as the First Court Date, and it is now past 11 am. The applicant has been called outside the Court and there is no appearance. The respondent has moved for the matter to be dealt with under r.13.03C(1)(c) to have the application dismissed under that rule.

2. The respondent has tendered correspondence stating 26 May 2015 and 2 June 2015, confirming notification of the return date to the applicant.  The Court was informed by the solicitor for the first respondent that there was a telephone communication from the applicant indicating that the applicant was unwell, and that the applicant was informed there would be a need to communicate the nature of the illness and supporting material to the solicitor for the first respondent.  No such communication has been received by the Court or sent to the solicitors for the first respondent. 

3. In the circumstances of the present case, I am satisfied that it is appropriate to apply r.13.03C in default of appearance by the applicant. The application is dismissed under r.13.03C.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  3 July 2015