Gill v Minister for Home Affairs

[2018] FCA 1921

FEDERAL COURT OF AUSTRALIA

Gill v Minister for Home Affairs [2018] FCA 1921

Appeal from:

Application for leave to appeal: Gill v Minister for Immigration & Anor [2018] FCCA 1264

File number:

VID 550 of 2018

Judge:

MIDDLETON J

Date of judgment:

27 November 2018

Date of publication of reasons:

30 November 2018

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Federal Court of Australia Act 1976 (Cth)

Date of hearing:

27 November 2018

Registry:

Victoria

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

No Catchwords

Number of paragraphs:

5

Counsel for the Applicant:

Applicant did not appear

Solicitor for the First Respondent:

Mr N Rogers of the Australian Government Solicitor

Counsel for the Second Respondent:

The Second Respondent filed a submitting notice, save as to costs

ORDERS

VID 550 of 2018

BETWEEN:

JAGMAIL SINGH GILL

Applicant

AND:

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	27 NOVEMBER 2018

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed with costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MIDDLETON J:

1. By application filed 14 May 2018, the applicant seeks leave to appeal to this Court from an interlocutory judgment of the Federal Circuit Court of Australia (‘the FCC’) dated 30 April 2018, published as Gill v Minister for Immigration & Anor [2018] FCCA 1264.

2. The FCC dismissed the applicant’s application for judicial review pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth) on the basis that it failed to raise an arguable case for relief. The judicial review application before the FCC sought review of a decision of the second respondent to affirm a decision of a delegate of the first respondent (the ‘Minister’) to refuse to grant the applicant a Partner (Temporary) (Class UK) visa.

3. The application was brought on before me on 27 November 2018, and there was no appearance by the applicant.  I am satisfied that the applicant has been properly notified as to the place, date and time of the hearing.  No explanation has been given for the applicant’s failure to attend.

4. The Minister made an application that, by reason of the applicant’s failure to attend, the application for leave to appeal to this Court be dismissed pursuant to s 25(2B)(bb)(ii), read in conjunction with s 25(2BA), of the Federal Court of Australia Act 1976 (Cth). The Minister also sought an order as to costs against the applicant.

5. In the circumstances, I am prepared to make that order, and I order that the application for leave to appeal be dismissed with costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton.

Associate: 

Dated:       30 November 2018