SZUVR v Minister for Immigration

[2016] FCCA 920

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZUVR v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 920

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – applicant failed to appear – application dismissed for want of appearance.

Legislation:

Migration Act 1958 (Cth), s.476

Federal Circuit Court Rules 2001 (Cth), rr.13.03C(1)(c), 44.12

Applicant: SZUVR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2132 of 2014

Judgment of: Judge Street

Hearing date: 21 April 2016

Date of Last Submission: 21 April 2016

Delivered at: Sydney

Delivered on: 21 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Mr R White
Mills Oakley Lawyers

ORDERS

1. The name of the second respondent be amended to the Administrative Appeals Tribunal and the filing of any 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 $5800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2132 of 2014

SZUVR

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application by the respondent for an order under r.13.03C(1)(c) in respect of an application that was filed on 29 July 2014. On 18 November 2014, the Court fixed the matter for hearing today on 21 April 2016 and made orders for steps the applicant could take in relation to the proceedings. The hearing today was listed, as a r.44.12 hearing under the Federal Circuit Court Rules 2001. 

2. The substantive application seeks a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Tribunal made on 29 June 2014 affirming a decision of the delegate not to grant the applicant a Protection (Class XA) visa.

3. The applicant was notified by a letter dated 14 April 2016 by the first respondent that if the applicant failed to appear at the hearing today the first respondent may move for dismissal of the application with costs.  The matter was originally fixed for hearing at 10 am and was moved forward to 9 am.  It is now passed 10.10 am and the matter has been called and the applicant has not appeared.  No explanation has been provided by the applicant to the first respondent or to the Court for his absence.

4. I am satisfied that the applicant was well aware of the hearing date. I am satisfied that this is the appropriate manner in which to exercise the Court’s powers under r.13.03C(1)(c) of 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 four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 28 April 2016