KAUR v Minister for Immigration

[2015] FCCA 1874

FEDERAL CIRCUIT COURT OF AUSTRALIA

KAUR & ORS v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1874

Catchwords:
MIGRATION – Migration Review Tribunal – no appearance by the applicants – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

Federal Circuit Court Rules 2001, r.13.03C

Migration Act 1958 (Cth), s.476

First Applicant: RAMANDEEP KAUR

Second Applicant: JAGVIR SINGH BARN

Third Applicant: HARKIRAT SINGH BARN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1411 of 2015

Judgment of: Judge Street

Hearing date: 2 July 2015

Date of Last Submission: 2 July 2015

Delivered at: Sydney

Delivered on: 2 July 2015

REPRESENTATION

There was no appearance by the applicant

Solicitors for the Respondents: Ms Sangha

ORDERS

1. The proceedings be dismissed pursuant to r.13.03C of the Federal Circuit Court Rules 2001.

2. The first and second applicants pay the first respondent’s costs $1367.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1411 of 2015

RAMANDEEP KAUR

First Applicant

JAGVIR SINGH BARN

Second Applicant

HARKIRAT SINGH BARN

Third Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW 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), in respect of a decision the Tribunal made on 29 April 2015.

2. The matter was listed today as the First Court Date, and the applicants have been called outside the court and there has been no appearance.  There has been tendered correspondence from the first respondent to the applicants, which relevantly notifies the applicants of the intention to have the matter dealt with in default of appearance by the applicants, and notifying the applicants of the hearing date. 

3. I am satisfied that this is an appropriate case to exercise the Court’s power under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 in accordance with the application made by the first respondent. The application is dismissed under r.13.03C.

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

Associate: 

Date:  15 July 2015