KUMAR v Minister for Immigration
[2010] FMCA 263
•8 April 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KUMAR v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 263 |
| MIGRATION – No appearance. |
| Migration Act 1958, s.116(1)(b) Federal Magistrates Court Rules 2001 |
| Applicant: | SANDEEP KUMAR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 57 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 8 April 2010 |
| Date of Last Submission: | 8 April 2010 |
| Delivered at: | Sydney |
| Delivered on: | 8 April 2010 |
REPRESENTATION
| For the Applicant: | In person |
| Counsel for the Respondent: | Mr T Reilly |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001.
Applicant to pay the First Respondent’s costs assessed in the sum of $5,000.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 57 of 2010
| SANDEEP KUMAR |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter there is an application for review of a decision of the Migration Review Tribunal which decided on 2 December 2009 to affirm a decision to revoke the applicant’s Subclass 573 Higher Education Sector visa under s.116(1)(b) of the Migration Act 1958 (the “Act”). The applicant was not present at 10.15a.m. when the matter was due to be heard nor was he present when his name was called outside the court at 10.30am. The court is aware that the applicant is himself aware of this hearing because yesterday he was telephoned by the court to inquire as to whether he now needed an interpreter as a result of the withdrawal of his lawyer who filed notice of this on 18 March 2010. The applicant responded advising the court that he did not require an interpreter.
In the circumstances I propose to dismiss the matter for non appearance pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001. I order that the applicant pay the first respondent’s costs which I assess in the sum of $5,000.00.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 15 April 2010
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