Tran v Minister for Immigration

[2013] FCCA 1806

FEDERAL CIRCUIT COURT OF AUSTRALIA

TRAN v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1806

Catchwords:
MIGRATION – Application to review decision of Migration Review Tribunal – no appearance by Applicant.

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

Applicant: HUU THANH NHAN TRAN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1788 of 2013

Judgment of: Judge Barnes

Hearing date: 23 October 2013

Delivered at: Sydney

Delivered on: 23 October 2013

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondents: DLA Piper Australia

ORDERS

1. The name of the First Respondent be amended to read ‘Minister for Immigration and Border Protection’.

2. There being no appearance by the Applicant, the application of 1 August 2013 is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules.

3. The Applicant pay the costs of the First Respondent fixed in the sum of $2,200.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1788 of 2013

HUU THANH NHAN TRAN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Migration Review Tribunal dated 25 July 2013 that the Tribunal did not have jurisdiction.  The Applicant sought review by application filed in this Court on 1 August 2013.  The application specifies a date, time and place for the first court date, advises that all parties or their legal representatives should attend and that default orders may be made if any party fails to attend.

2. The applicant was not present today at the time this matter was listed.  Nor is she present now, some half an hour later.  The solicitors for the First Respondent tendered a copy of a letter sent to her on 15 August 2013 at the address for service provided in her application, reminding her of the date, time and place of the listing and informing her that if she did not attend, they may seek to have the matter dismissed with costs for non-appearance.

3. I am satisfied the Applicant is on notice of the date, time and place of the listing for the first court date.  The Court has not received any communication from the Applicant to explain her non-appearance.  Nor have the solicitors for the First Respondent.  It is appropriate that the matter be dismissed with costs.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Barnes

Associate: 

Date:  6 November 2013