KUMAR v Minister for Immigration

[2016] FCCA 1820

FEDERAL CIRCUIT COURT OF AUSTRALIA

KUMAR v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1820

Catchwords:
MIGRATION – Application to review decision of the former Migration Review Tribunal – no appearance by Applicant.

Applicant: BALWINDER KUMAR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3634 of 2014

Judgment of: Judge Barnes

Hearing date: 14 July 2016

Delivered at: Sydney

Delivered on: 14 July 2016

REPRESENTATION

Applicant: No appearance

Counsel for the Respondents:	Mr Bevan
Solicitors for the Respondents:	Minter Ellison

ORDERS

1. There being no appearance by the Applicant, the application of 24 December 2014 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules.

2. The Applicant pay the costs of the First Respondent fixed in the sum of $6,000.

3. The solicitors for the First Respondent notify the Applicant by letter sent by prepaid post within 7 days of today’s date of the orders made today and the effect of Rule 16.05.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3634 of 2014

KUMAR

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application for review of a decision of the former Migration Review Tribunal.  The Applicant sought review by application filed on 24 December 2014.  Orders were made by consent on 19 February 2015, including listing the matter for a hearing which at that stage was to take place in John Maddison Tower.  After the Court moved to 80 William Street, the Court wrote to the Applicant on 27 May 2016, advising him that the matter was listed for hearing today at 10:15am and would now be conducted in a specified court at 80 William Street and provided him with a map.

2. The Applicant was not present at the time the matter was listed for hearing. Nor is he present now over half an hour later. In these circumstances, the First Respondent seeks that the application be dismissed for non-appearance, pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules. The First Respondent also tendered a copy of a letter of 6 July 2016 from Minter Ellison, the solicitors for the First Respondent. The letter was sent to the Applicant at the address for service he provided in connection with this application. It enclosed by way of service the First Respondent’s submissions and reminded him of the date, time and place at which the matter was listed. It also informed him that if he did not appear the Minister may seek to have the matter dismissed pursuant to Rule 13.03C(1)(c) with costs.

3. In these circumstances, in the absence of any explanation from the Applicant for non-appearance, I consider that appropriate steps have been taken to bring to his attention the change in venue and that it is appropriate to dismiss the matter, pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules.

4. It is also appropriate that the solicitors for the First Respondent notify the Applicant of the orders made today and of the effect of Rule 16.05 of the Federal Circuit Court Rules.

5. The First Respondent seeks costs.  In the circumstances of this case, I consider that the amount that is sought is appropriate and reasonable, having regard to the nature of this and other similar matters. 

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

Date: 18 July 2016