Rhaman v Minister for Immigration

[2017] FCCA 2090

FEDERAL CIRCUIT COURT OF AUSTRALIA

RHAMAN v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2090

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the Applicant – appropriate matter for Court to exercise powers under r.13.03C(l)(c) – application dismissed.

Legislation:

Federal Circuit Court Rules 2001, r.13.03C(1)(c)

Migration Act 1958 (Cth), s.476

Applicant: MD ANISUR RHAMAN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 54 of 2017

Judgment of: Judge Street

Hearing date: 30 August 2017

Date of Last Submission: 30 August 2017

Delivered at: Sydney

Delivered on: 30 August 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Ms G Doyle
Sparke Helmore Lawyers

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the amount of $5,800.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 54 of 2017

MD ANISUR RHAMAN

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 Act 1958 (Cth) (“the Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 12 December 2016 affirming a decision of the delegate not to grant the applicant a Student (Temporary) (Class TU) (Subclass 573) visa.

2. By order of a Registrar on 27 April 2017, the matter was fixed for hearing today before the Court at 10:30am. It is now past 11:15 am and the applicant has been called and has failed to appear.

3. The first respondent has moved for the proceedings to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has tendered both an email and a letter dated 23 August 2017, sent to the applicant’s email address and residential address identified on the application.

4. I am satisfied that the applicant was aware of the hearing date and 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. Accordingly, 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: 8 September 2017