SZTTQ v Minister for Immigration

[2017] FCCA 911

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTTQ v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 911

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

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: SZTTQ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2546 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

The Applicant appeared in person.

Solicitors for the Respondents: Mr T Liu
Clayton Utz

ORDERS

1. The amended application is dismissed pursuant to 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 2546 of 2016

SZTTQ

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 wit 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 16 June 2015. The originating application in this Court was not filed until 20 September 2016 and accordingly, an order under s.477 of the Act is required in relation to the application.

2. A Registrar of the Court made orders on 15 December 2016 fixing the matter for hearing today as well as providing the applicant with an opportunity to file an amended application, affidavit evidence and submissions. An amended application was filed on 22 February 2017 and a submission was filed by the applicant on 24 April 2017. 

3. The matter has been called and the applicant has failed to appear. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has tendered an email dated 28 April 2017, which is the same email address as appears on both the originating application and the amended application of the applicant. I am satisfied that the applicant was aware of the hearing date. I am satisfied that this is an appropriate matter which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

4. The amended 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: 26 May 2017