DAS v Minister for Immigration

[2019] FCCA 3072

FEDERAL CIRCUIT COURT OF AUSTRALIA

DAS v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 3072

Catchwords:
MIGRATION – Absence of applicant at hearing – application for review dismissed.

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: VINOD DAS

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 325 of 2019

Judgment of: Judge Egan

Hearing date: 21 October 2019

Date of Last Submission: 21 October 2019

Delivered at: Brisbane

Delivered on: 21 October 2019

REPRESENTATION

Applicant: No appearance

Solicitors for the First Respondent Ms Rayment of Sparke Helmore

ORDERS

1. The name of the First Respondent be amended to read ‘Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs’.

2. The application for review filed on 24 March 2019 be dismissed.

3. The Applicant pay the First Respondent’s costs, of and incidental to the application for review fixed in the amount of $5,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 325 of 2019

VINOD DAS

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was listed for hearing before the Court today at 9.30 am. It is now almost 9.50. There is no appearance on behalf of the applicant. Ms Rayment, who appears on behalf of the first respondent, tendered to the court an email, marked Exhibit 1, dated 9 October 2019, which was an email which advised the applicant, via his email address, of the fact of the listing of the matter for hearing today. It also relevantly attached the applicant’s submissions to be relied upon at the hearing. The Court is satisfied that notice has been given to the applicant of today’s hearing. Ms Rayment has asked that by reason of the absence of the applicant, that the application for review be dismissed, pursuant to the provisions of r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). The Court is minded to make such order.

I certify that the preceding one (1) paragraphs are a true copy of the reasons for judgment of Judge Egan

Date:  13 November 2019