KUMAR v Minister for Immigration

[2017] FCCA 988

FEDERAL CIRCUIT COURT OF AUSTRALIA

KUMAR v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 988

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the Applicant – appropriate matter for Court to exercise powers under r.13.03C(l)(c) – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: RAJESH KUMAR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1080 of 2017

Judgment of: Judge Street

Hearing date: 12 May 2017

Date of Last Submission: 12 May 2017

Delivered at: Sydney

Delivered on: 12 May 2017

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Mr T Shaw
Clayton Utz

ORDERS

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

2. The Applicant pay the First Respondent’s costs fixed in the amount of $950.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1080 of 2017

RAJESH KUMAR

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) (“the Migration Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 10 March 2017.

2. The proceedings were commenced on 10 April 2017, and the matter was given a return date at 10:15 am on 1 May 2017 before a Registrar of the Court. The applicant failed to appear on that occasion, and the matter was stood over pursuant to an order made by the Registrar listing the matter before this Court at 9:30am on 12 May 2017.

3. The matter has been called and the applicant has failed to appear. The first respondent has moved for the proceedings to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The first respondent has been tendered an email sent to the email address of the applicant as identified on the application. I am satisfied that the applicant was aware of the return date before the Registrar, and was aware of the return date before this Court pursuant to the orders made by the Registrar. 

4. I am satisfied 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. 

5. Accordingly, the application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 8 September 2017