Qiu v Minister for Immigration

[2018] FCCA 1456

FEDERAL CIRCUIT COURT OF AUSTRALIA

QIU v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 1456

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: TIAN QIU

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APEALS TRIBUNAL

File Number: SYG 459 of 2017

Judgment of: Judge Emmett

Hearing date: 5 June 2018

Date of Last Submission: 5 June 2018

Delivered at: Sydney

Delivered on: 5 June 2018

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Ms Bernadette Rayment
(Sparke Helmore)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 459 of 2017

TAN QIU

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), that the proceeding before this Court, commenced by way of application filed on 16 February 2017, be dismissed by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support, the first respondent’s solicitor, Ms Rayment, tendered a letter dated 13 April 2017 from the first respondent’s solicitors, addressed to the applicant at the applicant’s address for service in Australia.  That document was marked Exhibit 1R.

3. Exhibit 1R enclosed by way of service a copy of the Court Book filed in this matter on 13 April 2017.  The letter also informed the applicant of the hearing today, provided the time and the location of the courtroom, and informed the applicant that if the applicant did not attend, the first respondent would seek orders from the Court that the matter be dismissed and that the applicant pay the first respondent’s costs. 

4. I note that the applicant attended a directions hearing on 9 March 2017 before a Registrar of this Court, and on that occasion was given leave to file and serve an amended application, any further evidence and submissions in support of the application. On that occasion the matter was set down for final hearing today at 10.15am, before me. 

5. The applicant attended that directions hearing with the assistance of an interpreter, and, I am informed by Ms Rayment, signed a copy of those orders. 

6. At today’s hearing, the first respondent read the affidavit of Haley Aitken, affirmed 25 May 2018, deposing to the applicant’s departure from Australia on 1 October 2017 and annexing various screenshots of the Department of Immigration’s ‘Integrated Client Services Environment’ (ICSE) computer database.

7. In the circumstances I am satisfied that the applicant was aware of today’s hearing, and I am also satisfied that the applicant left Australia on 1 October 2017.

8. Accordingly, the orders sought by the first respondent are appropriate. 

9. The proceeding before this Court, commenced by way of application filed on 16 February 2017, should be dismissed with costs. 

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

Associate: 

Date:  12 June 2018