KAUR v Minister for Immigration

[2016] FCCA 786

FEDERAL CIRCUIT COURT OF AUSTRALIA

KAUR v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 786

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – failure to appear – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: GURPREET KAUR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2019 of 2015

Judgment of: Judge Street

Hearing date: 8 April 2016

Date of Last Submission: 8 April 2016

Delivered at: Sydney

Delivered on: 8 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Ms E Warner-Knight
Australian Government Solicitors

ORDERS

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

2. The applicant pay the costs of the first respondent fixed in the amount of $3416.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2019 of 2015

GURPREET KAUR

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Tribunal made on 26 June 2015 affirming a decision of the delegate not to grant the applicant a Partner Residence (class BS) visa.

2. The matter was listed for a callover today. A letter dated 4 March 2016 was sent to the applicant’s address, as identified on the application. It has been tendered and marked exhibit A. The first respondent moves for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that the applicant was aware of the listing today and that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

3. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

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

Associate: 

Date:  28 April 2016