Yew v Minister for Immigration

[2015] FCCA 2146

FEDERAL CIRCUIT COURT OF AUSTRALIA

YEW v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2146

Catchwords:
MIGRATION – No appearance by applicant – applicant has left Australia indefinitely – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: MEI FOONG YEW

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1123 of 2015

Judgment of: Judge Street

Hearing date: 10 August 2015

Date of Last Submission: 10 August 2015

Delivered at: Sydney

Delivered on: 10 August 2015

REPRESENTATION

No appearance from the Applicant:

Counsel for the Respondent: Mr P Knowles

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The name of the Second Respondent be amended to the Administrative Appeals Tribunal and the filing of any further documents 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 First Respondent’s costs fixed in the amount of $5800

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1123 of 2015

MEI FOONG YEW

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application in the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth), which was listed for hearing today at 2.15pm. The matter has been called outside the Court. The applicant has not appeared.

2. The first respondent has tendered an affidavit identifying that the applicant appears to have departed from Australia on 5 July 2015. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.  I am satisfied that this is an appropriate matter to exercise the power under that rule.  The application is dismissed.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 10 August 2015