Beb17 v Minister for Immigration

[2018] FCCA 3281

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEB17 & ORS v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 3281

Catchwords:
MIGRATION – Administrative Appeals 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

First Applicant: BEB17

Second Applicant: BEV17

Third Applicant: BEW17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 826 of 2017

Judgment of: Judge Emmett

Hearing date: 13 November 2018

Date of Last Submission: 13 November 2018

Delivered at: Sydney

Delivered on: 13 November 2018

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms Bernadette Rayment
(Sparke Helmore)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 826 of 2017

BEB17

First Applicant

BEV17

Second Applicant

BEW17

Third Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINSTRATIVE APPEALS 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) that the proceeding before this Court commenced by way of application, filed on 21 March 2017, be dismissed by reason of the failure of the applicant to attend today’s scheduled hearing.

2. The applicant attended a directions hearing with the assistance of an interpreter before a Registrar of this Court on 6 July 2017. On that occasion, litigation guardian orders were made in respect of the third applicant, being the child of the first and second applicants.

3. At the directions hearing, the applicants were given leave to file and serve an amended application, any further evidence and submissions in support of their application for judicial review by this Court of a decision of the Administrative Appeals Tribunal, dated 21 February 2017. The Orders made also stated that in the event there was no appearance by or on behalf of the applicants at the time of any schedule Court event, the application may be dismissed without further notice. Further, at that directions hearing, the applicants were provided with the contact detail for legal services providers and translating and interpreting services in documents headed in their own language.

4. The matter was set down at that directions hearing for final hearing today before me today at 10:15am and the correct address of the courtroom was provided. 

5. It is now 11:00pm. The matter has been called on at least two occasions, the most recent being within the last 10 minutes. There has been no communication received either by the first respondent’s solicitors or the Court from the applicants seeking an adjournment of today’s scheduled hearing or for any other reason.

6. I further note that no document has been filed by or on behalf of the applicants either in accordance with the directions made on 6 July 2017 or otherwise. 

7. In the circumstances, I am satisfied that the applicants are aware of today’s hearing and for whatever reason have chosen not to attend. 

8. In the circumstances, the orders sought by the first respondent are appropriate, and the proceeding before this Court commenced by way of application, filed on 21 March 2017, should be dismissed with costs.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate:  

Date:  3 December 2018