ATMADJA v Minister for Immigration
[2005] FMCA 1317
•8 September 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ATMADJA v MINISTER FOR IMMIGRATION | [2005] FMCA 1317 |
| MIGRATION – Application for review of decision of Migration Review Tribunal – student visa – no appearance – application dismissed pursuant to Rule 13.03A of the Federal Magistrates Court Rules. |
Federal Magistrates Court Rules 2001, rules 13.03A, 16.05
SAAP & Anor v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24
| Applicant: | WILLY ATMADJA |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG 82 of 2005 |
| Judgment of: | Pascoe CFM |
| Hearing date: | 8 September 2005 |
| Delivered at: | Sydney |
| Delivered on: | 8 September 2005 |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Mr Johnson |
| Solicitors for the Respondent: | Phillps Fox |
ORDERS
That the Migration Review Tribunal be joined as a party to these proceedings.
THAT the application be dismissed pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001.
THAT the applicant pay the respondent’s costs fixed in the sum of $4200.
I direct the respondent to enter the orders and to serve a sealed copy of the orders upon the applicant at the address for service by ordinary prepaid post together with a copy of Rule 16.05 of the Federal Magistrates Court Rules 2001.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 82 OF 2005
| WILLY ATMADJA |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from the Transcript)
Introduction
This is an application for review of a decision of the Migration Review Tribunal (“the Tribunal”) dated 15 December 2004. The Tribunal decided to affirm the decision under review which was to cancel the applicant's student (temporary) (class TU) visa.
Consistent with the recent decision of the High Court in SAAP & Anor v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24, I join the Tribunal as a party to these proceedings.
The Tribunal found that the applicant did not comply with section 8202 during the tenure of his visa. In so finding, the Tribunal was satisfied by the information in paragraph 21 of its reasons that the applicant did not achieve academic results that were certified by the university in question to be at least satisfactory for each term during the tenure of the visa.
On 2 February 2005 the applicant attended a directions hearing and signed consent minutes which became orders of this court. The orders required the applicant to file and serve an amended application giving complete particulars of each ground of review which he intended to rely upon at the hearing by no later than 27 April 2005. I note that no amended application complete with particulars was filed by the due date.
I am satisfied that the applicant was aware of these proceedings and did not avail himself of the opportunity to appear. Accordingly, I dismiss the application pursuant to Rule 13.03A of the Federal Magistrates Court Rules 2001 for failure to appear.
It is appropriate that costs follow the event and, accordingly, I order the applicant to pay the respondent's costs in the sum of $4200.
I direct the respondent to enter the orders, to serve a sealed copy of the orders upon the applicant at the address for service by ordinary prepaid post together with a copy of Rule 16.05 of the Federal Magistrates Court Rules 2001.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Pascoe CFM
Legal Associate: Peter Smith
Date: 13 September 2005
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