GUPTA v Minister for Immigration

[2016] FCCA 2838

FEDERAL CIRCUIT COURT OF AUSTRALIA

GUPTA & ANOR v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 2838

Catchwords:
MIGRATION – Application to review decision of Administrative Appeals Tribunal – dismissed for non-appearance.

Legislation:

Federal Circuit Court Rules 2001 (Cth), rr.13.03, 16.05

First Applicant: MRAGANGI GUPTA

Second Applicant: DEEPAK GUPTA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2139 of 2016

Judgment of: Judge Barnes

Hearing date: 28 October 2016

Delivered at: Sydney

Delivered on: 28 October 2016

REPRESENTATION

The Applicants: No Appearance

Solicitors for the Respondents: Sparke Helmore Lawyers

ORDERS

1. There being no appearance by the Applicants, the application is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules.

2. The solicitors for the First Respondent notify the Applicants of the orders made today and the effect of Rule 16.05 of the Federal Circuit Court Rules by letter sent by prepaid post to the address for service notified by the Applicants in their application within 7 days of today’s date.

3. The Applicants pay the costs of the First Respondent fixed in the sum of $1,443.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2139 of 2016

MRAGANGI GUPTA

First Applicant

DEEPAK GUPTA

First Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the Applicants student visas.  The Applicants sought review by application filed in this Court on 9 August 2016.  The notice of filing recorded the time, date and place for today’s directions hearing.  In addition, the Minister’s lawyers wrote to the First Applicant at the address for service provided by both Applicants, reminding her of the date, time and place and enclosing by way of service a copy of the response filed in the Court on 16 August 2016.  I am satisfied the Applicants are to be taken to be on notice of the listing. 

2. That letter (sent by Express Post) also advised that if the Applicants did not attend, the First Respondent would seek orders that the matter be dismissed and that the Applicants pay the Minister’s costs. 

3. The Applicants are not present today. It is now over an hour since the time the matter was listed for hearing. I am asked to dismiss the matter pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules.

4. In circumstances where the application which commenced these proceedings correctly stated the place, time and date for the directions hearing and the Minister’s lawyers advised the Applicants of those details and also of the fact that if there was no appearance they may seek orders dismissing the proceedings and costs, I consider that it is appropriate the matter be dismissed for non-appearance with costs. The Minister should, however, advise the Applicants by letter sent by prepaid post within seven days of today’s date of the effect of rule 16.05 of the Federal Circuit Court Rules.

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

Date: 3 November 2016