Ghouse v Minister for Immigration

[2013] FCCA 440

FEDERAL CIRCUIT COURT OF AUSTRALIA

GHOUSE v MINISTER FOR IMMIGRATION [2013] FCCA 440

Catchwords:
MIGRATION – Matter dismissed as no appearance by applicant – no matter of principle.

Legislation:
Migration Act 1958 (Cth)

Applicant: SYED GHOUSE

Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 110 of 2012

Judgment of: Judge Simpson

Hearing date: 23 May 2013

Date of Last Submission: 23 May 2013

Delivered at: Adelaide

Delivered on: 23 May 2013 (ex-tempore)

REPRESENTATION

The Applicant: No appearance

Counsel for the Respondent: Mr Prince

Solicitors for the Respondent: Australian Government Solicitors

ORDERS

1. The Application filed on 15 May 2013 is dismissed.

2. There is no order as to costs.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 110 of 2012

SYED GHOUSE

Applicant

And

MIGRATION REVIEW TRIBUNAL

Respondent

REASONS FOR JUDGMENT

1. I have before me an application in a case brought by Mr Ghouse, filed on 15 May 2013.  In the Application in a Case, the applicant states that he seeks the following orders:

   “(a)waiver of the cost;

   (b)procedural fairness”

   The affidavit in support of the application says simply, after he gives his name, address and occupation:

   “i)Case dismissed.

   ii)Not received hearing date information”

   Nothing else of substance is contained in the affidavit.

2. The applicant’s name has today been called three times and he has not appeared.  This is not the first time that this has occurred.  It happens regularly in relation to this litigant.  I refer, in particular, to the reasons that I gave on 22 April and 18 March 2013.  Again, today he has not appeared.  I therefore propose to dismiss the application filed on 15 May 2013.

3. The Minister is represented today by Mr Prince.  He informs me that the Minister had not been served with the Application in a Case but h noticed the name in the cause list and therefore appeared.  He did not seek costs.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Simpson

Associate: 

Date:  12 June 2013