SANEGER v Minister for Immigration

[2017] FCCA 923

FEDERAL CIRCUIT COURT OF AUSTRALIA

SANEGER v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 923

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – appropriate matter for Court to exercise powers under r.13.03C(1)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: PERCY SANEGER

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2531 of 2016

Judgment of: Judge Street

Hearing date: 5 May 2017

Date of Last Submission: 5 May 2017

Delivered at: Sydney

Delivered on: 5 May 2017

REPRESENTATION

No appearance by or on behalf of the Applicant.

Counsel for the Respondents: Mr M Cleary

Solicitors for the Respondents: Mills Oakley 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 fixed in the amount of $5,400.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2531 of 2016

PERCY SANEGER

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Background

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 16 August 2016.

Before this Court

1. On 15 December 2016, a Registrar of the Court made orders fixing the matter for hearing today at 1:30pm. On 17 January 2017, this Court made an order fixing the matter today for hearing on 5 May at 11:30 am. The first respondent has tendered a letter dated 17 January 2017 sent to the applicant’s address identifying the hearing time of 11:30 am. The first respondent has also tendered a further letter sent to the applicant’s address as identified in the application dated 28 April 2017 notifying the applicant of the hearing today at 11:30am and foreshadowing that the first respondent would move to have the application dismissed with costs if the applicant failed to appear. The matter has been called and the applicant has failed to appear. 

2. I am satisfied that the applicant was aware of the hearing date today. The first respondent moves for dismissal of the application under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that this is an appropriate manner in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

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

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 1 June 2017