Clark v Minister for Immigration and Border Protection [2017] FCA 622

FEDERAL COURT OF AUSTRALIA

Clark v Minister for Immigration and Border Protection [2017] FCA 622 File number: QUD 165 of 2017

Judge: REEVES J

Date of judgment: 11 May 2017

Legislation: Federal Court Rules 2011 (Cth)

Date of hearing: 11 May 2017

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 3

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr M Hickey

Solicitor for the Respondent: Clayton Utz

ORDERS QUD 165 of 2017

BETWEEN: ALBERT WILLIAM HECTOR GEORGE CLARK Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: REEVES J DATE OF ORDER: 11 MAY 2017

THE COURT ORDERS THAT:

1. Under r 5.23(1)(b) of the Federal Court Rules 2011 (Cth), the whole of the proceeding is dismissed. 2. The applicant is to pay the respondent's costs of the proceeding, to be agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

EX TEMPORE REASONS FOR JUDGMENT

REEVES J: 1 This matter was listed for a case management hearing on Thursday, 27 April 2017. Arrangements were made for the applicant, Mr Clark, to appear by videoconference facility from the Christmas Island detention centre where he is presently detained. On that occasion, there was no appearance by Mr Clark. My associate was subsequently informed by Border Force officers that Mr Clark refused to leave his cell and attend the hearing. The matter was therefore adjourned to 11 May 2017. 2 On that date, the same arrangements were made for Mr Clark to appear by videoconference facility from the Christmas Island detention centre. However, when the matter was called on, I was informed by Leading Border Force officer, Mr Jamie Mark Beck, that Mr Clark had again refused to leave his cell and attend the hearing. I adjourned briefly and I asked Mr Beck to inform Mr Clark that if he did not attend the hearing, his application would be dismissed in default of his appearance. On resuming the hearing, I was informed by Mr Beck that that information had been communicated to Mr Clark and that he still refused to attend the hearing. 3 Accordingly, I find that Mr Clark is in default under r 5.22(c) of the Federal Court Rules 2011 (Cth) by failing to attend this hearing. Further, on the application of the Minister, the respondent, I order that this proceeding be dismissed under r 5.23(1)(b)(i). I also order that Mr Clark pay the Minister's costs of the proceeding, to be agreed or taxed. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Reeves.