FEDERAL CIRCUIT COURT OF AUSTRALIA
LIN v MINISTER FOR IMMIGRATION & ANOR	[2015] FCCA 1842	

Catchwords: 
MIGRATION – Practice & 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 r.13.03C
Migration Act 1958 s.476	

Applicant:	QIANG LIN	

First Respondent:	MINISTER FOR IMMIGRATION & BORDER PROTECTION	

Second Respondent:	MIGRATION REVIEW TRIBUNAL	

File Number:	SYG 1362 of 2015	

Judgment of:	Judge Street	

Hearing date:	2 July 2015	

Date of Last Submission:	2 July 2015	

Delivered at:	Sydney	

Delivered on:	2 July 2015	

REPRESENTATION
No appearance by the Applicant	

Solicitors for the First Respondent:	Mr McLaren
Minter Ellison 	

ORDERS
(1)	The proceedings be dismissed pursuant to 13.03C of the Federal Circuit Court Rules 2001. 
(2)	The applicant pay the first respondent’s costs fixed in the sum of $1367. 
(1)	
FEDERAL CIRCUIT COURT OF AUSTRALIA 
AT SYDNEY	
SYG 1362 of 2015
QIANG LIN	
Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION	
First Respondent

MIGRATION REVIEW TRIBUNAL	
Second Respondent

REASONS FOR JUDGMENT
1.	This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 in respect of a decision of the Tribunal made on 1 May 2015.  The matter was listed today at 9.30 am as the First Court Date, and it is now past 11 am.  The applicant has been called outside the Court and there is no appearance.  The respondent has moved for the matter to be dealt with under r.13.03C(1)(c) to have the application dismissed under that rule.
2.	The respondent has tendered correspondence stating 26 May 2015 and 2 June 2015, confirming notification of the return date to the applicant.  The Court was informed by the solicitor for the first respondent that there was a telephone communication from the applicant indicating that the applicant was unwell, and that the applicant was informed there would be a need to communicate the nature of the illness and supporting material to the solicitor for the first respondent.  No such communication has been received by the Court or sent to the solicitors for the first respondent.  
3.	In the circumstances of the present case, I am satisfied that it is appropriate to apply r.13.03C in default of appearance by the applicant.  The application is dismissed under r.13.03C.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street 

Associate:  

Date:  3 July 2015