SZNUW v Minister for Immigration

[2016] FCCA 3273

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZNUW v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 3273

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugee Division) – Protection (Class XA) visa – no appearance by the applicant – application of r.13.03C(1)(c) – application is dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: SZNUW

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1873 of 2016

Judgment of: Judge Street

Hearing date: 15 December 2016

Date of Last Submission: 15 December 2016

Delivered at: Sydney

Delivered on: 15 December 2016

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Ms S Burnett
Clayton Utz

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 $7,206.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1873 of 2016

SZNUW

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 Act1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 20 June 2016 affirming a decision of the Tribunal made on 2 June 2016 to dismiss an application for review of a decision of the delegate made on 13 November 2014, refusing to grant the applicant a Protection (Class XA) visa.

2. On 15 September 2016, a Registrar of the Court fixed the matter for hearing and provided the applicant with an opportunity to file an amended application, affidavit evidence and submissions. The applicant attended on that day and no such documents have been filed.

3. The matter has now been called twice and it is past 10:25am and the applicant has not appeared. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has also tendered an email sent to the applicant’s email address as identified on the initiating application which enclosed an attachment foreshadowing an application to have the proceedings dismissed if the applicant failed to appear. The attachment to the email was also sent by post to the applicant’s address as identified on the initiating application. 

4. I am satisfied that the applicant is 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. 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: 22 December 2016