KAUR v Minister for Immigration

[2015] FCCA 3439

FEDERAL CIRCUIT COURT OF AUSTRALIA

KAUR v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 3439

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – no appearance by or on behalf of the applicant – application dismissed for want of appearance pursuant to r.13.03C(1)(c).

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: RAJBIR KAUR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1929 of 2015

Judgment of: Judge Street

Hearing date: 21 December 2015

Date of Last Submission: 21 December 2015

Delivered at: Sydney

Delivered on: 21 December 2015

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the First Respondent: Mr T Galvin
Minter Ellison

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 $6000.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1929 of 2015

RAJBIR KAUR

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Tribunal on 12 June 2015 affirming the decision of the delegate not to grant the applicant a medical treatment visitor (class UV) visa. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.  

2. On 13 August 2015, a Registrar of this Court fixed the matter for hearing today at 10.15 am.  It is now past 10.45 am and the applicant has failed to appear.  The Registrar also provided an opportunity for the applicant to file an amended application, affidavit evidence in submissions.  No such documents were filed by the applicant. 

3. The first respondent has tendered a letter dated 11 December 2015, sent to an address being 11/43 Bowden Street, Harris Park, SW2150.  The application by the applicant has an address that might be read as 1/43 Bowden Street, Harris Park, SW2150.  That letter foreshadowed that if the applicant did not appear the matter may be dismissed. 

4. I am satisfied that the applicant was present at the time of the making of the orders by the Registrar on 13 August 2015, and was aware that the matter was listed for hearing today. In those circumstances, I am satisfied that this is an appropriate matter to exercise the Court’s power under r.13.03C(1)(c). The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  21 December 2015