SZMXZ v Minister for Immigration

[2015] FCCA 2770

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZMXZ v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2770

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Protection (Class XA) visa – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: SZMXZ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1504 of 2015

Judgment of: Judge Street

Hearing date: 12 October 2015

Date of Last Submission: 12 October 2015

Delivered at: Sydney

Delivered on: 12 October 2015

REPRESENTATION

No appearance by the applicant

Solicitors for the Respondents: Ms E. Warner-Knight
Australian Government Solicitor

ORDERS

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

2. The Applicant pay the costs of the First Respondent fixed in the amount of $5200.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1504 of 2015

SZMXZ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) for a Constitutional writ in relation to a decision of the Tribunal made on 6 May 2015 affirming the decision of the delegate not to grant the applicant a protection visa.

2. On 9 July 2015 orders were made for the matter to be fixed for hearing before the Court today.  Those orders provided an opportunity for the filing of an amended application, an affidavit and submissions.  No such documents were filed.  The matter has been called outside.  The applicant has not appeared. 

3. The first respondent has moved that the matter be dismissed under r.13.03C(1)(c). An affidavit has been read by the first respondent that identifies that the applicant left Australia on 9 August 2015 and does not have a visa that would permit re-entry.

4. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c). I am satisfied that the applicant was well aware of the listing of the matter, and that this is an appropriate case to exercise the powers to dismiss the application. The application is dismissed

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

Associate: 

Date:  19 October 2015