Gill v Minister for Home Affairs

[2021] FCCA 926

FEDERAL CIRCUIT COURT OF AUSTRALIA

Gill v Minister for Home Affairs [2021] FCCA 926

File number:

ADG 148 of 2018

Judgment of:

JUDGE YOUNG

Date of judgment:

21 April 2021

Catchwords:

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal to refuse to grant a Student (Temporary) (Class TU) Vocation Education and Training Sector (Subclass 572) visa – non-appearance by the applicant at the final hearing – no explanation for non-appearance by the applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth)

Federal Circuit Court Rules 2001 (Cth) r 13.03C

Number of paragraphs:

5

Date of hearing:

21 April 2021

Place:

Darwin

The Applicant:

No appearance by or for the Applicant

Solicitor for the First Respondent:

Mr Chan of Sparke Helmore

ORDERS

ADG 148 of 2018

BETWEEN:

SUKHPREET SINGH GILL

Applicant

AND:

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE YOUNG
DATE OF ORDER:	21 APRIL 2021

THE COURT ORDERS THAT:

1.The Application filed on 18 April 2018 is dismissed.

2.The Applicant is to pay the First Respondent’s costs in the fixed sum of $5,000.00.

REASONS FOR JUDGMENT
Ex Tempore

JUDGE YOUNG:

1. This is an application for judicial review of a decision of the Administrative Appeals Tribunal made on 21 March 2018 to affirm a decision of the Minister for Home Affair’s delegate to refuse to grant a Student (Temporary) (Class TU) Vocation Education and Training Sector (Subclass 572) visa for the applicant.

2. The matter was set for hearing today at 2:15pm.  My associate told me that the applicant was not present at that time and I waited a few minutes in case he arrived.  At 2:30pm he had not appeared. Mr Chan, appearing for the First Respondent, told me, as far as he was aware, the applicant was not present in the precincts of the court in Adelaide.  A court officer called the matter outside the courtroom at about 2:30pm.  There was no appearance by the applicant.

3. There was a change of date in this matter when it was removed from Judge Heffernan’s docket and put into my docket. However, I am satisfied that in listing the matter advice about today’s hearing was provided to the applicant. It was provided to the first respondent via an email dated 6 April 2021. The email stated the matter was listed for hearing at 2:15pm today before me. It is apparent that that notice was also sent to the applicant’s email address which appears at the footer of his affidavit filed in support of the application for review.

4. The non-appearance of the applicant is therefore unexplained. The Minister has asked me to dismiss the application for want of appearance pursuant to rule 13.03C of the Federal Circuit Court Rules 2001 (Cth). In the circumstances I will do so.

5. I will also make an order that the applicant pay the Minister’s costs in that sum of $5,000.00.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Young.

Associate:

Dated:       4 May 2021