KUMAR v Minister for Immigration
[2012] FMCA 934
•3 October 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KUMAR v MINISTER FOR IMMIGRATION & ANOR | [2012] FMCA 934 |
| MIGRATION – Application to review decision of Migration Review Tribunal – no appearance by applicant. |
| Federal Magistrates Court Rules 2001 (Cth), r.13.03C(1)(c) |
| Applicant: | BALRAM KUMAR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 1828 of 2012 |
| Judgment of: | Barnes FM |
| Hearing date: | 3 October 2012 |
| Delivered at: | Sydney |
| Delivered on: | 3 October 2012 |
REPRESENTATION
| Applicant: | No appearance |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
There being no appearance by the applicant the application of 23 August 2012 is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth).
The applicant pay the costs of the first respondent fixed in the sum of $1,296.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1828 of 2012
| BALRAM KUMAR |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application for review of a decision of the Migration Review Tribunal. The applicant sought review by application filed in this court on 23 August 2012. The matter was listed for directions on 19 September 2012 at 9.30 am as recorded on the copy of the application in the court file. The applicant did not attend on that day.
The application was adjourned until 9.30 am today, Wednesday, 3 October 2012. In the orders made on that day the court noted that if there was no appearance by the applicant the application may be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). In addition, the solicitor for the first respondent notified the applicant of the adjournment at the address provided in his application and also that if he did not attend, his application may be dismissed and the Minister may seek costs.
There was no appearance by the applicant today at 9.30 am. Nor is there any appearance now some half an hour later. In these circumstances, the first respondent seeks that the application be dismissed for non-appearance pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules and costs. It is appropriate to make such orders.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Barnes FM
Date: 9 October 2012
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