GURUNG v Minister for Immigration

[2015] FCCA 2141

FEDERAL CIRCUIT COURT OF AUSTRALIA

GURUNG v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2141

Catchwords:
MIGRATION – No appearance by applicant – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: BIMALA GURUNG

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1170 of 2015

Judgment of: Judge Street

Hearing date: 7 August 2015

Date of Last Submission: 7 August 2015

Delivered at: Sydney

Delivered on: 7 August 2015

REPRESENTATION

No appearance by the Applicant

Solicitors for the Respondents:

Ms H. Dejean

Australian Government Solicitor

ORDERS

1. The name of the Second Respondent be amended to the Administrative Appeals Tribunal and the filing of any further documents in this regard is dispensed with.

2. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

3. The Applicant pay the First Respondent’s costs fixed in the amount of $4000.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1170 of 2015

BIMALA GURUNG

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter within the court’s jurisdiction under s.476 of the Migration Act 1958 (Cth). It was fixed for hearing on 4 June 2015 to be heard today at 2.15 pm. The applicant has been called outside the Court. It is now 3.15 pm. The applicant has not appeared. Apart from being given a copy of the Court orders at the hearing on 4 June 2015, the applicant also received two letters dated 5 June 2015 and 30 July 2015, reminding the applicant of the hearing date. I am satisfied the applicant was well aware of the hearing date and that this is an appropriate case in which to apply r.13.03C(1)(c).

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 10 August 2015