CGP15 v Minister for Immigration

[2016] FCCA 208

FEDERAL CIRCUIT COURT OF AUSTRALIA

CGP15 v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 208

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – no appearance by or on behalf of the applicant – application dismissed for want of appearance pursuant to r.13.03C(1)(c).

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: CGP15

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2965 of 2015

Judgment of: Judge Street

Hearing date: 8 February 2016

Date of Last Submission: 8 February 2016

Delivered at: Sydney

Delivered on: 8 February 2016

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the First Respondent: Ms N Maddocks
DLA Piper

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The Applicant pay the costs of the First Respondent fixed in the amount of $3416.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2965 of 2015

CGP15

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act1958 (Cth) in respect of a decision of a Tribunal made on 14 October 2015 affirming the decision of the delegate not to grant the applicant a protection visa. On 3 December 2015, a registrar of the Court fixed the matter today for hearing at 9.30 am. It is now past 11.30 am and the matter has been called, and the applicant has failed to appear. No explanation has been given to the first respondent for the failure of the applicant to appear.

2. The first respondent has moved for a dismissal of the application under r.13.03C(1)(c) Federal Circuit Court Rules 2001 (Cth). On 27 January 2016, the first respondent sent a letter to the applicant’s address, as identified on the application, reminding the applicant of the hearing date and foreshadowing that an application would be made to have the matter dismissed if the applicant failed to appear.

3. I am satisfied that the applicant was aware of the hearing date and that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

Date: 9 February 2016