KHAREL v Minister for Immigration

[2013] FCCA 849

FEDERAL CIRCUIT COURT OF AUSTRALIA

KHAREL v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 849

Catchwords:
MIGRATION – No appearance.

Legislation:

Federal Circuit Court Rules 2001, Part 13 Rule 13.03C(1)(c)

Applicant: RIKMA KHAREL

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2176 of 2012

Judgment of: Judge Raphael

Hearing date: 12 July 2013

Date of Last Submission: 12 July 2013

Delivered at: Sydney

Delivered on: 12 July 2013

REPRESENTATION

For the Applicant: In person

Solicitors for the First Respondent: DLA Piper

ORDERS

1. Application dismissed.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $2,600.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 2176 of 2012

RIKMA KHAREL

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This matter was commenced by way of application dated 4 October 2012.  On 29 November the applicant attended a directions hearing before me in which it was set down for hearing today, 12 July 2013.  The applicant was not in attendance at 10.15a.m. nor was she in attendance when her name was called outside the court at 10.30a.m.  The court notes that the applicant did not attend the hearing before the Tribunal either.  I have been provided with an affidavit of Amelia Ramos, dated 10 July 2013 and filed in court this morning, which indicates that the applicant was sent by courier on 4 July 2013 a letter which indicated the date, time and place of today’s hearing and provided the applicant with a copy of the respondent’s submissions.

2. I am satisfied that the applicant has had notice of the hearing, and not having appeared, I propose to dismiss the proceedings pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Associate: 

Date:  19 July 2013