Gurung v Minister for Immigration, Multicultural Affairs & Citizenship

[2013] FCCA 905

FEDERAL CIRCUIT COURT OF AUSTRALIA

GURUNG & ANOR v MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP & ANOR [2013] FCCA 905

Catchwords:
MIGRATION – Migration Review Tribunal.
PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

First Applicant: ANJAN GURUNG

Second Applicant: SHOCHANA PARIYAR

First Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1237 of 2013

Judgment of: Judge Emmett

Hearing date: 11 July 2013

Date of Last Submission: 11 July 2013

Delivered at: Sydney

Delivered on: 11 July 2013

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the First Respondent: Ms Freeda Taah (Australian Government Solicitors)

Solicitors for the Second Respondent: Australian Government Solicitors

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1237 of 2013

ANJAN GURUNG

First Applicant

SHOCHANA PARIYAR

Second Applicant

And

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth), that the proceeding before this Court, commenced by way of application filed on 3 June 2013, be dismissed by reason of the failure of the applicant to attend today’s scheduled Court event.

2. In support of the application, the solicitor for the first respondent, Ms Taah, tendered a letter dated 21 June 2013 addressed to the applicant at the applicant’s address for service in Australia, and indeed, the only address provided by the applicant to this court.  That letter was marked exhibit 1R on the first respondent’s application this morning.

3. Exhibit 1R enclosed, by way of service, copies of the first respondent’s Notice of Appearance and a Response to the applicant’s Application.  Exhibit 1R further informed the applicant that if the applicant did not attend the Court this morning, that the Court may make orders dismissing his application, and requiring the applicant to pay the first respondent’s legal costs without further notice. 

4. Exhibit 1R further provided the date, time and location of the courtroom, all of which are the same details as provided on the applicant’s initiating application filed on 3 June 2013.

5. In the circumstances, I am satisfied that the applicant was aware of today’s Court event, and for whatever reason, has chosen not to attend. The matter has been called outside three times, and there has been no appearance. There has been no communication received either by the solicitors for the first respondent or this court from the applicant seeking an adjournment of today’s directions hearing, or for any other reason. 

6. In the circumstances, I am satisfied that it is appropriate that the orders sought by the first respondent be made.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  23 July 2013