Gill v Minister for Immigration

[2020] FCCA 90

FEDERAL CIRCUIT COURT OF AUSTRALIA

GILL v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 90

Catchwords:
MIGRATION – Absence of applicant when matter called for final hearing – no circumstance justifying an adjournment – application dismissed.

Legislation:

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

Applicant: VIKRAM SINGH GILL

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 541 of 2019

Judgment of: Judge Egan

Hearing date: 15 January 2020

Date of Last Submission: 15 January 2020

Delivered at: Brisbane

Delivered on: 15 January 2020

REPRESENTATION

Applicant: No appearance

Solicitors for the First Respondent: Mr J. Kyranis of Sparke Helmore

Second Respondent: Submitting appearance save as to costs

ORDERS

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

2. The amended application for review filed on 9 September 2019 be dismissed pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) due to the absence of the Applicant.

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 541 of 2019

VIKRAM SINGH GILL

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 9.45 am. It is now 10.55 am. The matter was called three times in the precincts of the Court by the Associate. There was no appearance on behalf of the applicant. 

2. Mr Kyranis, on behalf of the first respondent, has read an affidavit of Samuel Mark Cummings affirmed on 10 January 2020 and filed in the Court on 14 January 2020. Relevantly, that affidavit, by paragraph 4, deposed that the applicant left Australia on 8 January 2020, that being the end date of a visa which had been issued to the applicant. By paragraph 8 of the affidavit, Mr Cummings deposed that the applicant does not hold a visa which would permit him re-entry into Australia. 

3. In those circumstances, Mr Kyranis sought an order pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), namely an order that the originating application filed by way of an amended application on 9 September 2019 be dismissed due to the absence of the applicant.

4. In all of the circumstances, the Court infers that, by reason of the departure of the applicant from Australia, the applicant was not prepared to press his application for review before this Court. There being no circumstance justifying an adjournment of the hearing, the Court grants Mr Kyranis’ application made pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) that the application for review be dismissed by reason of the absence of the applicant.

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

Associate: 

Date:  20 January 2020