Zhao v Minister for Immigration & Border Protection

[2014] FCCA 1182

FEDERAL CIRCUIT COURT OF AUSTRALIA

ZHAO v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 1182

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: YUCHEN ZHAO

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 580 of 2014

Judgment of: Judge Emmett

Hearing date: 27 May 2014

Date of Last Submission: 27 May 2014

Delivered at: Sydney

Delivered on: 27 May 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondent: Ms Michelle Stone
(DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 580 of 2014

YUCHEN ZHAO

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 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 11 March 2014, is dismissed by reason of the failure of the applicant to appear at today’s scheduled First Court Date hearing. 

2. On 11 March 2014 the applicant filed his application seeking judicial review of a decision of the Migration Review Tribunal dated 12 February 2014. That application appears to have been signed by the applicant. 

3. The application clearly has on its front page, the date, time, and location of today’s scheduled First Court Date hearing. The matter was listed at 11:00am. It is now 11:20am. The matter has been called outside on three occasions, the most recent being less than five minutes ago. 

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

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

6. I am satisfied that the orders sought by the first respondent are appropriate.

7. Accordingly, the proceeding before this Court, commenced by way of application filed on 11 March 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 seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  6 June 2014