SZWCW v Minister for Immigration and Border Protection

REASONS FOR JUDGMENT 1 On 13 March 2015 the applicant filed an application for leave to appeal against a judgment of Judge Street in the Federal Circuit Court of Australia (the FCCA) delivered on 12 March 2015. The application was accompanied by an affidavit sworn by the applicant on the same day. 2 On 17 August 2015, the Minister's solicitors wrote to the applicant inviting her to consider and sign consent orders which would have the effect of granting her application for leave to appeal, allowing her appeal and having the matter remitted to the FCCA, differently constituted, for determination of her claim for relief, as well as having the Minister pay her costs. No reply was received to that correspondence. 3 On both 13 October 2015 and 14 October 2015, the Court Registry wrote to the applicant and notified her that she needed to attend a directions hearing scheduled for 20 October 2015 if she was unwilling to sign the proposed consent orders. No response was received to either of those letters and the applicant failed to attend the directions hearing on 20 October 2015. 4 When the matter was called for hearing this morning, there was no appearance by the applicant. 5 The Minister accepts that the primary judge erred in summarily dismissing the proceedings of his own motion at the first Court date and without notice to the applicant, having regard to the Full Court's decisions in Shrestha v Migration Review Tribunal [2015] FCAFC 87 and SZWBH v Minister for Immigration and Border Protection [2015] FCAFC 88 and that to do so was procedurally unfair. That concession was properly made. 6 I am satisfied that the orders proposed by the Minister are appropriate. 7 Orders will be made accordingly. I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Griffiths.