Ghouse v Minister for Immigration

[2013] FCCA 193

FEDERAL CIRCUIT COURT OF AUSTRALIA

GHOUSE v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 193

Catchwords:
MIGRATION – Application in a Case – applicant fails to appear – application dismissed.

Legislation:

Migration Act 1958 (Cth)

Ghouse v Minister for Immigration & Anor [2013] FMCA 311

Applicant: SYED GHOUSE

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 110 of 2012

Judgment of: Judge Simpson

Hearing date: 22 April 2013

Date of Last Submission: 22 April 2013

Delivered at: Adelaide

Delivered on: 22 April 2013

REPRESENTATION

The Applicant: No appearance

Counsel for the Respondents: Ms Deegan

Solicitors for the Respondents: Australian Government Solicitors

ORDERS

1. The Application in a Case filed on 12 April 2013 is dismissed.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 110 of 2012

SYED GHOUSE

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Settled ex-tempore reasons)

1. In this matter an Application in a Case was filed on 12 April 2013 by the applicant, Syed Ghouse, in which he sought the following orders which I provide verbatim:

   “i)Procedural fairness was not applied.  Review applicant (I, Syed Ghouse) was refused and deferment of hearing when requested on condition of ill health.

   ii)Waiver of the cost is also sought.”

2. The application was given a court date of 22 April 2013 at 9.15.  The applicant’s name has been called three times.  It is now 9.45am and he still has not appeared. 

3. The applicant had previously failed to appear at the hearing of an Application for Review of a migration decision.  The application was dismissed (see Ghouse v MIC & Anor [2013] FMCA 211].

4. The respondent has appeared today and informs me that the respondent has not been served with the proceedings but nevertheless found out that the proceedings had been listed today.  They request that the Application in a Case be dismissed and in the circumstances I consider it appropriate to do so.  There will be an order accordingly.

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

Date:  8 May 2013