Kaur v Minister for Immigration

[2020] FCCA 2896

FEDERAL CIRCUIT COURT OF AUSTRALIA

KAUR v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 2896

Catchwords:
MIGRATION – Application for transfer of the proceeding to Melbourne Registry of this Court – no utility in transfer of proceeding to Melbourne Registry – proposed hearing by telephone renders applicant’s place of residence irrelevant – application refused.

Applicant: SUKHBEER KAUR

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

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: MLG 4003 of 2019

Judgment of: Judge Egan

Hearing date: 23 October 2020

Date of Last Submission: 23 October 2020

Delivered at: Brisbane

Delivered on: 23 October 2020

REPRESENTATION

Applicant: In person

Solicitors for the First Respondent: Ms Reid, Solicitor of Clayton Utz

Second Respondent: Submitting appearance save as to costs

ORDERS

1. The application for transfer of the proceeding to the Melbourne Registry of this Court is refused.

2. The matter is listed for final hearing in the Federal Circuit Court of Australia sitting at Brisbane before His Honour Judge Egan at 9.45am (AEST) on 21 January 2021.

3. The costs of and incidental to today’s hearing are reserved.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

MLG 4003 of 2019

SUKHBEER KAUR

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 final hearing on 29 July 2020. Prior to that hearing date, the applicant asked for:

   a)The transfer of the proceeding to the Melbourne Registry of the Court – the applicant said that she was living in Melbourne; and

   b)The hearing of the matter to be face-to-face in order that she might better be able to present her case.

2. On 28 July 2020, an order was made that the 29 July 2020 hearing date be vacated. At the time, it was apparent that Melbourne was in lockdown due to COVID-19 restrictions, making it difficult/impossible for the applicant to appear in a courtroom at the Melbourne Registry of the Court whereby either a Microsoft Teams hearing could take place or, alternatively, a telephone hearing might be facilitated. The matter was adjourned to 23 October 2020 for directions.

3. When the matter was called on for hearing this morning, the applicant made the same applications as she had previously made. The situation in Melbourne, though having improved somewhat, is still fluid in terms of applicable restriction of movement. Nevertheless, it was indicated to the applicant that this matter would be able to proceed by telephone, such that it mattered little whether the applicant lived in Melbourne or elsewhere in Australia. The applicant persisted with her application for transfer of the proceeding to the Melbourne Registry.

4. It is in the interests of the due administration of justice that proceedings are heard and determined as expeditiously as possible. There are sound public policy reasons for doing so. The fact that the applicant lives in Melbourne does not alter that imperative in circumstances where a telephone hearing is able to be held such that the applicant can advance her case appropriately in that way. There would be no utility in proceeding otherwise.

5. The Court is not minded to exceed to the applicant’s applications.

6. It is appropriate that the matter be listed for final hearing before this Court at 9.45am (AEST) on 21 January 2021. It is so ordered.

7. The costs of and incidental to today’s hearing are reserved.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Egan

Associate:

Date: 23 October 2020