ALQ18 v Minister for Home Affairs [2018] FCA 1745

FEDERAL COURT OF AUSTRALIA

ALQ18 v Minister for Home Affairs [2018] FCA 1745 Appeal from: ALQ18 v Minister for Home Affairs [2018] FCCA 2020

File number: NSD 1393 of 2018

Judge: RARES J

Date of judgment: 7 November 2018

Legislation: Migration Act 1958 (Cth) ss 426A, 441A

Cases cited: ALQ18 v Minister for Home Affairs [2018] FCCA 2020

Date of hearing: 7 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 16

Counsel for the Appellant: The Appellant did not appear

Counsel for the First Respondent: Mr G Johnson

Solicitor for the First Respondent: HWL Ebsworth

Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs

ORDERS NSD 1393 of 2018

BETWEEN: ALQ18 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 7 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

RARES J: 1 On 27 September 2018, this appeal was listed for hearing when the national operations team informed the parties by email that I would be hearing it on 7 November 2018 at 9.30am. The Court's email used the appellant's email address set out in his notice of appeal that he filed on 7 August 2018. On 31 October 2018, the Minister's solicitors sent his written submissions and list of authorities to the appellant by pre-paid registered post and by email using the same email address. 2 The appellant has not appeared today. The matter was called outside the Court. He did not answer his mobile phone when the Court officer attempted to phone the number used in the notice of appeal. 3 Given the nature of the circumstances in which this appeal arises, the appellant's failure to attend appears to be part of a pattern of behaviour reflecting other occasions on which he has not appeared. Indeed, the subject matter of this appeal relates to his failure twice to avail himself of the opportunity to appear before, give evidence and present arguments to, the Administrative Appeals Tribunal. That led the Tribunal to dismiss his application to review the decision of the Minister's delegate made on 31 August 2015 to refuse to grant the appellant a protection visa.