Khan v Minister for Immigration & Border Protection

[2014] FCCA 264

FEDERAL CIRCUIT COURT OF AUSTRALIA

KHAN v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 264

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

Applicant: DANISH KHAN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent MIGRATION REVIEW TRIBUNAL

File Number: SYG 2725 of 2013

Judgment of: Judge Emmett

Hearing date: 18 February 2014

Date of Last Submission: 18 February 2014

Delivered at: Sydney

Delivered on: 18 February 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondent: Mr David McLaren (Sparke Helmore)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2725 of 2013

DANISH KHAN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

First Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 5 November 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth), by reason of a failure of the applicant to appear at today’s scheduled hearing.

2. I note that the application filed on 5 November 2013 clearly states the time and location of today’s hearing. The application appears to be signed by the applicant. The applicant also filed an affidavit at the same time, affirmed by him on 5 November 2013 and filed on the same date.

3. It is now 11.45am, the matter having been listed at 11.00am for a first court date hearing. The matter has been called outside on several occasions. There is no appearance by or on behalf of the applicant.

4. There has been no communication received, either by the first respondent or the Court, from the applicant seeking an adjournment of today’s hearing or for any other reason.

5. In the circumstances, I am satisfied that the applicant is aware of today’s hearing and, for whatever reason, has chosen not to attend.

6. I am satisfied that the orders sought by the first respondent are appropriate.

7. Accordingly, the proceeding before this Court, commenced by way of application filed on 5 November 2013, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth), by reason of the failure of the applicant to attend today’s scheduled hearing.

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

Associate:

Date:             20 February 2014