SZUJL v Minister for Immigration

[2016] FCCA 384

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUJL v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 384

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:
Federal Circuit Court Rules 2001 (Cth), r.13.03C

Applicant: SZUJL

Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1385 of 2014

Judgment of: Judge Emmett

Hearing date: 25 February 2016

Date of Last Submission: 25 February 2016

Delivered at: Sydney

Delivered on: 25 February 2016

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondents: Ms Chloe Hillary
(DLA Piper)

FEDERAL CIRCUIT
COURT OF AUSTRALIA AT
SYDNEY

SYG 1385 of 2014

SZUJL

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”) that the proceeding before this Court, commenced by way of application filed on 22 May 2014, be dismissed by reason of the failure of the applicant to appear at today's scheduled hearing. 

2. In support, the solicitor for the first respondent, Ms Chloe Hillary, read an affidavit affirmed by her on 11 November 2015.

3. Ms Hillary’s affidavit annexed copies of various records of the Department of Immigration and Border Protection’s computer database, the ‘Integrated Client Services Environment’. These records indicate that the applicant departed Australia on 29 July 2015, and that the bridging visa held by the applicant ceased on that day.  Further, the annexures indicate that the applicant does not currently hold any other valid Australian visa.

4. The matter first came before the Court on 6 August 2014. On that occasion, I made directions giving the applicant leave to file and serve an Amended Application, any further evidence and submissions in support of his application for judicial review.

5. There has been no document filed by or on behalf of the applicant, either in accordance with those directions or otherwise. 

6. The matter was set down for final hearing today at 10.15am, before me. It is now 10.55am.  The matter has been called outside on at least two occasions, the most recent being less than five minutes ago.

7. There has been no communication received, from or on behalf of the applicant, either by the Court or the first respondent’s solicitor, seeking an adjournment of today’s hearing, or for any other reason.

8. Further, order 14 of the Orders made by me on 6 August 2014 stated that, in the event there was no appearance by or on behalf of the applicant at the time of any scheduled Court event, the applicant’s application may dismissed without further notice

9. In any event, in light of the evidence before me, I accept that the applicant departed Australia on 29 July 2015.

10. In the circumstances, I am satisfied that the orders sought by the first respondent are appropriate.  

11. Accordingly, the proceeding before this Court, commenced by way of application filed on 22 May 2014, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date: 2 March 2016