WONGPUT v Minister for Immigration & Border Protection

[2014] FCCA 1822

FEDERAL CIRCUIT COURT OF AUSTRALIA

WONGPUT v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1822

Catchwords:
MIGRATION – Migration Review 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: WONGTAWAN WONGPUT

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent MIGRATION REVIEW TRIBUNAL

File Number: SYG 1424 of 2014

Judgment of: Judge Emmett

Hearing date: 7 August 2014

Date of Last Submission: 7 August 2014

Delivered at: Sydney

Delivered on: 7 August 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Ms Ada Wong
(DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1424 of 2014

WONGTAWAN WONGPUT

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 27 May 2014, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”), by reason of a failure of the applicant to appear at today’s scheduled First Court Date directions hearing.

2. In support, the first respondent’s solicitor, Ms Wong, tendered a letter marked Exhibit 1R. Exhibit 1R is dated 6 June 2014 and is from the first respondent’s solicitor to the applicant at the applicant’s address for service in Australia. Exhibit 1R informs the applicant of the location, date and time of today’s scheduled hearing.  It also informs the applicant that if the applicant does not attend, that the first respondent may seek to have the matter dismissed with costs for non-appearance. 

3. I note that the application filed on 27 May 2014 appears to have been signed by the applicant.  It clearly has today’s date, time and location for hearing correctly identified on the face of the application.  I note the matter was set down for 9.30am.  It is now 10.17am.  There has been no communication received by or on behalf of the applicant, either from the first respondent’s solicitor or from the Court.  The matter has been called outside on at least two occasions, the most recent being less than five minutes ago. 

4. In the circumstances I am satisfied that the applicant is aware of today’s scheduled hearing and, for whatever reason, has chosen not to attend. 

5. Accordingly, the orders sought by the first respondent are appropriate and the proceeding before this Court, commenced by way of application filed on 27 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 attend today’s scheduled First Court Date hearing.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:  

Date:  13 August 2014