Rahman v Minister for Immigration & Border Protection

[2014] FCCA 2455

FEDERAL CIRCUIT COURT OF AUSTRALIA

RAHMAN v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 2455

Catchwords:
MIGRATION – Refugee Review Tribunal.

PRACTICE & PROCEDURE – Show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) – application has not raised an arguable case for the relief claimed – application dismissed.

Legislation: 
Federal Circuit Rules 2001 (Cth) r.13.03C

Applicant: MD RIFAT RAHMAN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second  Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1763 of 2014

Judgment of: Judge Emmett

Hearing date: 14 October 2014

Date of Last Submission: 14 October 2014

Delivered at: Sydney

Delivered on: 14 October 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Ms Michelle Stone (DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1763 of 2014

MD RIFAT RAHMAN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.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 26 June 2014, be dismissed by reason of the failure of the applicant to appear at today’s scheduled first court date.

2. I note that at the time of filing the application, the first court date was to be held in court 3D in the Lionel Bowen Building.  However, on 10 September 2014, the Court wrote to the applicant at the applicant’s address for service in Australia informing the applicant that the location of the courtroom was changed to this courtroom and also confirming the time and date of today’s first court date. 

3. There has been no communication received by or on behalf of the applicant seeking an adjournment of today’s proceeding or for any other reasons. 

4. The matter was listed for directions at 9.30am. It is now 10.55am.  The matter has been called outside as recently as less than five minutes ago.  In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing and for whatever reason has chosen not to attend. 

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

6. The applicant’s proceeding before this Court should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), by reason of the failure of the applicant to appear at today’s scheduled first court date, with costs.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  27 October 2014