SOETRISNO v Minister for Immigration

[2016] FCCA 1355

FEDERAL CIRCUIT COURT OF AUSTRALIA

SOETRISNO v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1355

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student Temporary (Class TU) visa – no appearance by the applicant – application dismissed for want of appearance.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: CANDRA SOETRISNO

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2744 of 2015

Judgment of: Judge Street

Hearing date: 3 June 2016

Date of Last Submission: 3 June 2016

Delivered at: Sydney

Delivered on: 3 June 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondents: Ms N Blake
Clayton Utz

ORDERS

1. The name of the second respondent be changed to the Administrative Appeals Tribunal and the need to file and further document in this regard is dispensed with.

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

3. The applicant pay the costs of the first respondent fixed in the amount of $6825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2744 of 2015

CANDRA SOETRISNO

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) with respect to a decision of the Tribunal made on 10 September 2015 affirming a decision of the delegate not to grant the applicant a Student (Temporary) (Class TU) visa. The matter was fixed today for hearing by orders made on 29 March 2016. The matter has been called outside the Court and the applicant has not appeared. The first respondent has tendered a letter serving the orders on the correct address identified in a change of address lodged by the applicant, informing the applicant of the orders made.

2. The Court has also had tendered an email dated 27 May 2016 sent to the correct email address of the applicant, foreshadowing an application to have the matter dismissed together with costs, for want of appearance by the applicant. The first respondent has also read an affidavit identifying that the applicant departed Australia on 22 January 2016. I am satisfied that the applicant was notified of the address. It is not necessary for the Court to deal with the argument advanced by the first respondent as to want of utility in circumstances where the applicant is outside the jurisdiction. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c).

3. I am satisfied that the applicant was aware of the hearing date, and in all the circumstances it is appropriate to dismiss the application under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

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

Date: 6 June 2016