KUMAR v Minister for Immigration

[2015] FCCA 2032

FEDERAL CIRCUIT COURT OF AUSTRALIA

KUMAR v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2032

Catchwords:
MIGRATION – Application for judicial review – non-appearance by applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth)

Applicant: SANJEEV KUMAR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: MLG 1807 of 2014

Judgment of: Judge McGuire

Hearing date: 27 July 2015

Date of Last Submission: 27 July 2015

Delivered at: Melbourne

Delivered on: 27 July 2015

REPRESENTATION

Solicitors for the Applicant: No Appearance

Counsel for the Respondents: Mr Knowles

Solicitors for the Respondents: DLA Piper Australia

ORDERS

1. Leave is granted to amend the Second Respondent’s name to the Administrative Appeals Tribunal.

2. The Application filed on 3 December be dismissed.

3. The Applicant pay the First Respondent’s costs fixed in the sum of $6,825.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1807 of 2014

SANJEEV KUMAR

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR EX TEMPORE JUDGMENT

1. This matter is listed for hearing at 10.00am today on 27 July 2015. The matter was called at 10.03am. There was no appearance by or on behalf of the applicant. The first respondent is represented by Mr Knowles of Counsel.

2. Out of caution the matter was stood down. It is now 10.20am. There is still no appearance by or on behalf of the applicant. There has been no notification to my chambers of anything untoward in respect to the applicant’s attendance today. I am satisfied of service of the relevant affidavit material on the applicant at his notified address for service.

3. The application is that the matter be dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules and there will be an order accordingly.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge McGuire

Date: 31 July 2015