GUPTA v Minister for Immigration

[2020] FCCA 91

FEDERAL CIRCUIT COURT OF AUSTRALIA

GUPTA v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 91

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: RYDHAM GUPTA

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 562 of 2019

Judgment of: Judge Egan

Hearing date: 16 January 2020

Date of Last Submission: 16 January 2020

Delivered at: Brisbane

Delivered on: 16 January 2020

REPRESENTATION

Applicant: No appearance

Solicitor for the First Respondent: Ms K. Reid of Clayton Utz

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 application for review filed on 14 June 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 $7,467.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 562 of 2019

RYDHAM GUPTA

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 today at 9.45 am, it is now 9.54 am.  The applicant was called three times in the precincts of the Court by the Associate, but the applicant did not answer the call and there is no appearance on behalf of the applicant.

2. Ms Reid, who appears on behalf of the first respondent, read an affidavit sworn by her and filed on 15 January 2020. That affidavit relevantly annexed ICSE (Integrated Client Service Environment) internal database system documentation which indicated that the applicant left Australia on 8 October 2019, and that the applicant does not have a visa entitling him to re-enter the country.

3. In all of the circumstances, the Court grants Ms Reid’s application made pursuant to rule.13.03C(1)(c) of the Federal Circuit Court Rules to the effect that the application for review be dismissed by reason of the absence of the applicant. There was no circumstance which justified an adjournment of the hearing.

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

Associate: 

Date:  20 January 2020