DALHOTRA v Minister for Immigration

[2015] FCCA 2848

FEDERAL CIRCUIT COURT OF AUSTRALIA

DALHOTRA v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2848

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Partner (Temporary) (Class UK) Visa – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Federal Circuit Court Rules 2001, r.13.03C

Migration Act 1958 (Cth), s.476

Applicant: DEEPAK DALHOTRA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1558 of 2015

Judgment of: Judge Street

Hearing date: 22 October 2015

Date of Last Submission: 22 October 2015

Delivered at: Sydney

Delivered on: 22 October 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Ms S Given
Sparke Helmore

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The Applicant pay the costs of the First Respondent fixed in the amount of $5800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1558 of 2015

DEEPAK DALHOTRA

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter in the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in relation to a decision of the Tribunal made on 13 May 2015, affirming a decision of the delegate not to grant the applicant a Partner (Temporary) (Class UK) Visa.

2. The matter was fixed for hearing on 16 July 2015 and the applicant was given the opportunity to file an amended application, affidavit evidence and submissions.  No such documents were filed by the applicant. 

3. Pursuant to the orders made on 16 July 2015, the matter was listed for hearing at 10.15 am today. It is now 12.55 pm and the applicant has failed to appear. The first respondent moves for the dismissal of the application under r.13.03C(1)(c).

4. First respondent has tendered a letter dated 15 October 2015, marked exhibit A enclosing the first respondent’s submissions and referring to the hearing date. The letter was sent to the applicant’s address as identified on the application filed by the applicant. I am satisfied that the applicant was aware of the hearing date listed for today. I am satisfied that this is an appropriate matter to exercise the discretion under r.13.03C. The application is dismissed under r.13.03C(1)(c).

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  23 October 2015